I LB 2529 
.W5 
1921 
Copy 1 



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The School Laws of 

West Virginia 

1921 




ISSUED BY 

GEORGE M. FORD 

State Superintendent of Free Schools 

STATE OF WEST VIRGINIA 



J '—'"- -c CONGRESS 

J vise 

j APR 141922 j 



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'1 

\^'>\ TABLE OF CONTENTS 



CONSTITUTIONAL PROVISIONS 
ARTICLE IV 

S'EC. Page 

5 Oath of office 3 

6 Removal from office 3 

8 Legislature to prescribe terms of office 3 

ARTICLE VIII 

27 Districts 3 

ARTICLE IX 

4 County officers subject to indictment ■ 3 

ARTICLE X 

2 Capitation tax ^ 

") Power of legislature to levy '^ 

7 County taxes not to exceed what — debt 4 

5 Bonded Indebtedness ^ 

ARTICLE XII 

1 Legislature to provide system of free schools 5 

2 General Supervision 5 

3 County superintendents 5 

4 School fund — board of 5 

school fund amendment ' 5 

5 Legislature to provide for free schools . . . 6 

6 Districts 6 

7 Levies to he reported to clerk of county court 6 

8 White and colored pupils 6 

9 School officers not to be interested in sale of books 6 

10 Independent districts 6 

11 Normal schools 7 

12 Legislature to encourage improvement 7 

List of educational laws viii 

THE SCHOOL LAW OF WEST VIRGINIA 
Chapter 45 of Code 

1 Definitions — school — district — teacher 9 

2 School year 9 

3 School districts 9 

State Board of Education 

4 How constituted — vacancies — how filled 9 

5 Meetings, salary, expenses 10 

6 Organization 11 

7 Powers and Duties 11 

8 Training of Teachers 11 

9 Shall prescribe minimum standards for courses of study 12 

10 Plans for school buildings shall be approved 12 

11 Shall adopt text-books 12 

12 Gifts and bribes 14 



Table of Contents 



Sec. Page 

13 STiall make rules governing purchase, distribution, and care of text books 14 

14 Shall make rules 15 

15 Shall exercise other authority 15 

16 Boards abolished 15 

THE STATE SDIPBRINTBNDENT OF SCHOOLS 

17 Election, qualifications, salary 15 

GENERAL POWERS AND DUTIES' 

IS Shall provide seal 16 

19 Shall have general supervision of schools 16 

20 Shall institute proceedings 16 

21 May hold conference 17 

22 Shall give interpretation 17 

23 S'tate manuals and other publications 17 

24 Shall make a biennial report 17 

25 Shall employ assistants 18 

2G Other powers and duties 18 

THE COUNTY SUPERINTENDENT OF SCHOOLS 

31 Election, qualification, oath bond 18 

32 Vacancy — how filled 19 

33 Compensation 19 

34 How payments shall be made 20 

GENERAL POWERS AND DUTIES'. 

35 Shall be chief executive officer 20 

36 S'hall visit schools 20 

37 May hold conference 21 

38 Shall be county financial secretary 21 

39 Shall make annual report 22 

40 Shall exercise other authority 22 

DISTRICT BOARD OF EDUCATION 

41 How constituted — election — term 23 

42 Tie in the vote 23 

43 Vacancy — how filled 23 

44 Oath of office 23 

45 Meetings, quorum, compensation 23 

GENERAL POWERS AND DUTIES 

46 The district board a corporation 24 

47 School land 24 

48 School property may be sold 24 

49 Sliall provide school sites 25 

50 Shall provide buildings, furniture, and equipment 25 

51 May provide buildings jointly 26 

52 Bond required from contractors . 26 

53 May appoint trustees 26 

54 Minimum school term — board may extend same 27 

5.5 Minimum salaries for teachers — board shall fix same 28 

56 May appoint district supervisor 30 

57 Shall appoint teachers 31 

58 Shall have general control 32 

58-a Standardized schools 33 

59 Transfer of pupils — tuition 33 



Table of Contents iii 



S'KC. Page 

60 May provide kindergartens 34 

61 Evening schools and other school extension activities 34 

62 Shall provide school libraries 35 

63 May display United States flag 35 

64 Medical inspection and school nurses . 35 

65 Free text books 35 

66 May establish teachers' retirement fund 36 

67 Shall provide schools for colored pupils 36 

68 Other duties 37 

SECRETARY 

69 Secretary of district board of education — general duties 37 

70 Abstract of proceeding 37 

71 Administer oaths 38 

72 Assessor's certificate 38 

73 Report rate of levy 38 

74 Penalty 38 

75 Report 38 

76 Salaries of secretaries 38 

77 Other duties 39 

DISTRICT AND COUNTY HIGH SCHOOLS 

78 District high schools — how established 39 

79 Joint district high schools 40 

80 Normal training in high schools — state aid 40 

81 Payment of High school tuition 41 

82 Classification of High Schools — State Aid 42 

83 District and county boards may erect dormitories for high schools 42 

84 High school may be discontinued 43 

85 Junior high schools 43 

TEACHERS 

86 Contracts 44 

87 Teacher's authority 44 

88 Teachers exempt from serving on juries 44 

89 Records and reports 45 

90 Payment of teachers 45 

91 Enumeration ^^ 

, 92 How enumeration shall be taken and reported 45 

93 Secretary to have enumeration taken 46 

94 Record and report of enumeration 46 



95 Other duties 



4a 



EXAMINATIONS AND CERTIFICATES' 



96 Certificates required for all teachers — minimum age 46" 

97 Time and place of holding examinations 46 

98 Expenses 46 

99 Assistants 47 

100 Fees 4T 

101 Transmitting questions and manuscripts 4T 

102 Grading of Manuscripts 4T 

103 Misdemeanor 48 

104 Elementary certificates 48 

105 High school certificates 50 

106 Supervisor's certificates 50 

107 Short-course certificate 51 



Table of Contents 



S>'EC'. Page 

lOS Special certificates 51 

lOft Emorgeney certificates 51 

110 Credit for grades made In school 51 

111 Renewal of certificates 52 

112 Revocation of certificates 53 

TEACHERS' INSTITUTE — COUPONS' OF CREDIT 

li;*. Time and place of holding teachers" Institutes 53 

114 Attendance upon institutes 53 

115 Piling of certificates 54 

116 Instructors 54 

117 Pay of instructors 54 

lis Enrollment fee 34 

110 Report to be made 56 

120 District institutes 55 

121 Reading circles — coupons of credit 55 

COMPULSORY ATTENDANCE 

1 22 Age — time — misdemeanor 55 

123 Attendance officer — duties 50 

124 Secretary to furnish enumeration list 57 

125 Fine for neglect of duty 58 

12fi Aiding or abetting violations of compulsory attendance 38 

127 Fines collected 38 

12S Unemployed children over fourteen and under sixteen shall attend school 58 

120 Children over fourteen and under sixteen Avho are employed shall attend 

evening or part-time day schools 5'^ 

130 Compulsory education of the deaf and the blind r.O 

VOCATIONAL EDUCATION 

131 Acceptance of federal act fil 

1 32 Custodian of funds (i2 

133 State board 02 

STATE EDUCATIONAL INSTITUTIONS' 

134 West Virginia University, name, location, control 03 

135 i)o\vers and duties of the president 0:! 

130 the president shall make biennial reports 03 

137 colleges, schools, departments 04 

13S ndiiii'«sion and grnduntion of students 04 

130 j'urii nltural extension divisions Cit 

?40 military ti-aining 05 

141 extension in general 05 

142 endowment for agricultural college 0.'( 

I-;;; fedeiiU aporopriations (;."> 

T44 agricultural experiment station 0", 

145 anatomical I)oard — use of dead bodies 00 

1 40 financial suoport >\C> 

147 State normal schools Oi; 

148 Potomac state school 07 

140 The New River State school 07 

150 The West Virginia Collegiate Institute 0^ 

151 'rii(> I'.luefield Colored Institute 00 

152 'I'lie West Virginia Schools for the Deaf and the I'.Iind — name — -location — 

management purpose 00 

15:1 .'Hlinission 00 



Table of Contents 



S'EC. PA(iK 

154 clothing 70 

155 period of attendance — special admission 70 

156 course of instruction 70 

157 registration 70 

158 compensation for registration 71 

159 We.st Virginia Industrial School for Bo.ys 71 

160 commitments 71 

161 convicts • 71 

162 date accompanj'ing commitment • • ■ • T- 

1G:> proceedings for commitment 72 

164 commitment fees 72 

165 conveyances of youths to school — expense 72 

166 oflpenses 73 

167 transfers between school and penitentiary 73 

168 payment by counties of cost of detention — reimbursement 74 

169 list of inmates for auditor 74 

170 certification of list and credits to county court levy compel linp; 

payment 74 

171 parole 75 

172 Industrial Home for Girls — name — location 75 

173 admission 75 

174 date accompanying commitment — return and sentence 70 

17i-5 trial on complaint 76 

176 separatiion of races 76 

177 binding out inmates as apprentices 76 

178 cruelty to apprentices 77 

179 removal of apprentices — escapes 77 

180 jurisdiction of apprentices — by circuit court — desertion 77 

181 Other state educational institutions 77 

182 Shall make reports 77 

183 Voting on bonds 78 

184 School elections — how held 79 

SHERIFFS— DUTIES AS' TO SCHOOL FUNDS 

185 Collection and disbursements of school mone.y — l)ond SO 

186 Pay orders .'^0 

■•FT Annual settlements witli county financial secretary SO 

188 Payments in excess 81 

189 Method of settlement .''1 

100 Settleme'-t with county court SI 

191 Corrections in settlement 82 

192 Failure to account for, or pay orders S2 

1 on Failure 1 o settle 82 

194 Special acts for independent school districts S3 

195 Inconsistent acts repealed S."> 

SCHOOL LEVIES AND SCHOOL FUNDS 

1 Meetings for laying levies S-" 

5 Statement and levies by boards of education S~> 

for elementary schools 86 

for high schools S7 

6 Secretary to report levies (S'ee omission page viii) 

7 The general school fund S7 

9 Additional fund purposes SO 

10 Elections 90 

11 Restricted use of funds 91 

12 Certain acts prohibited and penalties prescribed 91 

13 Preparation of forms 92 



Table of Contents 



fe'Ec. Page 

14 CoBstruction of this act 92 

EXTENSION OF TERM IN THE ELEMENTARY GRADES WHERE NORMAL 
TRAINING HIGH SCHOOL IS MAINTAINED 

General provisions for 93 

RENEWAL OF CERTIFICATES (EXTRA SESSION 1910) 

Fees for 93 

STATE BOARD OF CONTROL 

1 How constituted 95 

2 Expenses 96 

3 Control and management of certain institutions 96 

3a Names of certain institutions changed 96 

4 To have financial control of educational institutions 96 

5 Title to property 97 

6 Moneys and funds 97 

7 Same : How expended 97 

8 Clerical assistants — reports of institutions 98 

9 Powers and duties 98 

10 Appointment of heads of certain institutions 99 

11 Rules and regulations 99 

12 Shall purchase supplies 100 

13 Buildins for institutions 101 

14 Records of institutions 101 

15 Report to governor 102 

16 Gifts and devices 102 

17 Insurance on buildings 102 

18 Same : Limitations — appropriations for re-building 103 

PUBLIC LIBRARIES 

1 Definitions 103 

2 Levy — upon vote of people 103 

3 Appointment of board 104 

4 Powers of board of directors ; 104 

5 Use of library 105 

6 Report of library board 105 

7 Gifts, devises or bequests . 105 

8 Penalties for injury to property 105 

9 Penalty for failure to return books 105 

ABOLISHING THE COMMON DRINKING CUP 

1 Use of common drinking cups 106 

PROHIBITING THE USE OF CIGARETTES IN SCHOOL HOUS'ES AND ON 

SCHOOL GROUNDS 

2 & 4 Use of cigarettes prohibited 106 

STATE DEPARTMENT OF HEALTH 

l-(2) Commissioner of health — powers and duties 106 

4 Inspectors and examiners — powers and duties 106 

2 Public health council 107 

4 Control of tuberculosis sanitarium 107 



Table of Contents 



STATE COMPENSATION ACT 

General provisions for 107-109 

CHILD LABOR LAW 

Sec. Page 

1 Children under fourteen not to be employed 109 

2 Children under sixteen not to be employed in .dangerous occupations .... 109 

3 Work permits and proof of prospective employment, age, schooling, and 

physical fitness required IIO-IIT. 

4 Work permits i ... .■ Ill 

5 Age certificates 112 

6 Maximum number hours children may be required to work 112 

7 Enforcement of the Child Labor law 113 

8 Penalties 113 

9 Inconsistent acts repealed 113 

4-H CAMP INSTITUTE ' ' 

1 S'election of site 113 

2 Use of camp 113 

3 Appropriations for camp II4 

STUDY OF FIRE PREVENTION 

1 Course of study to be provided by state superintendent 114 

2 To be taught in schools 114 

WE&T VIRGINIA TRAINING SCHOOL FOR MENTAL DEFECTIVES 

1 Establishment of . 114 

2 Site, building and equipment ....'. 114 

3 Persons admitted 114 

4 ?tlanner of admission 115 

5 Training and treatment 116 

6 Parole of inmates 116 

4. Mental Hygiene commission 116 

6 Lunatics, resident, home another county 117 

8 Admission to hospital 117 

9 Examination of person committed 118 

10 Compensation of examining physician, witnesses and others 118 

11 Application for treatment at hospital 118 

12 Tubercular, cancerous or leprous not admitted 119 

13 Discharge or parole of patients 119 

19 Application for discharge lunatics 120 

20 Appointment of guardians or committees for mental defectives 120 

23 Maintenance for insane persons 120 

27 Definition of resident and non-resident ; 120 

28 Establishment of private hospitals for insane or mental defectives 121 

29 Examination by physician 121 

33 County shall pay state for treatment of defectives 121 

34 County may collect fees for treatment of inmates 122 



viii Table of Contents 



OMISSION. 

NOTE. In compiling the school law the section given below was omitted. It 
should follow section 5, page 87.) 

Sec. 6. Within three days after the board of education has laid the levies for 
the various funds hereinbefore provided, it shall be the duty of the secretary of the 
board to forward a certified copy of the orders laying levies to the state tax com- 
missioner and to report the rate of levy for each fund to the county superintendent 
and the assessor, and within three dai/s thereafter it shall be the duty of the county 
superintendent to report the rate of levy for each of the various funds to the 
clerk of the county court and the assessor, and the rate of levy for all funds, and 
the total value of real and personal property in each district and independent dis- 
trict to the state superintendent of free schools and the auditor : and it shall 
thereupon be the duty of the proper county officers to extend on the land and per- 
sonal property books the amount of taxes levied aforesaid, which taxes the sheriff 
shall collect and account for as required by law. 

LIST OF EDUCATIONAL LAWS. 

P.\GE» 

Constitutional provisions 3-7 

School code O-S-T 

School levies and funds S.")-!)2 

Extension of term in the elementary grades where a normal tiaining high 

school is maintained 93 

Renewal of certificates— additional provision 9.3 

State Board of Control . 95-10."? 

Public libraries 103-10.5 

Abolishing the common drinking cup 100 

Prohibiting use of cigarettes lOfi 

State Department of Health '. 106-107 

State Compensation Act 107-109 

Child Labor Law 109-113 

4-H Camp Institute •• 113 

Study of Fire Prevention 114 

West Virginia Training School for Mental Defectives 114-123 

State Industrial Home for Colored Girls 123 

State Industrial School for Colored Boys 124-125 



THE SCHOOL LAW 



OF 



WEST VIRGINIA 



Containing the provisions of tine Constitution relating to 
Public Education, Chapter forty-five of the Code and 
other Acts and parts of Acts relating to Public Educa- 
tion. 



Published for the use of School Officers, Teachers and 
the public generally, in compliance with Section twenty- 
three of Chapter forty-five of the Code. 



Compiled and Issued by 

DEPARTMENT OF EDUCATION 

George M. Ford, State Superintendent. 

CHARLESTON 



JUNE 1921. 



TRIBUNE PRINTING CO., CHARLESTON, W. VA. 



j LIBRARY OF CONGRESS 



CONSTITUTIONAL PROVISIONS 

RELATING TO THE 

SCHOOL SYSTEM OF WEST VIRGINIA 



ARTICLE IV 



5. Oath of Office. Every person elected or appointed to any office, be- 
fore proceeding to exercise the authority, or discharge the duties thereof, 
shall make oath or affirmatiion that he will support the Constitution of 
the United States and the Constitution of this State, and that he will 
faithfully discharge the duties of his said office to the best of his skill and 
judgment; and no other oath, declaration, or test shall be required as a 
qualification, unless herein otherwise provided. 

6. Removal from Office. All officers elected or appointed under this 
Constitution, may, unless in cases herein otherwise provided for, be re- 
moved from office for official misconduct, incompetence, neglect of duty, 
or gross immorality, in such manner as may be prescribed by general 
laws, and unless so removed they shall continue to discharge the duties of 
their respective offices until their successors are elected, or appointed 
and qualified. 



8. Legislature to Prescribe Terms of Office. The Legislature, in cases 
not provided for in this Constitution, shall prescribe, by general laws, 
the terms of office, powers, duties and compensation of all public officers 
and agents, and the manner in which they shall be elected, appointed and 
removed. 

ARTICLE Vlli 

27. Districts. Each county shall be laid off into districts, not less than 
three nor more than ten in number, and as nearly equal as may be in 
territory and population. 

ARTICLE IX 



4. County Officers Subject to Indictment. The Presidents of the 
County Courts, the Justices of the Peace, Sheriffs, Prosecuting Attorneys, 



School Law of West Virginia 



Clerks of the Circuit and of tlie County Courts, and all other county 
officers, shall be subject to indictment for malfeasance, misfeasance, or 
neglect of official duty, an'd on conviction thereof, their offices shall be- 
come vacant. 

I am inclined to tlie opinion that tlie words "all otlim- county officers," as used 
in this section, include members of boards of education, although they are elected 
in districts. This is by no means clear, however. This section is in force ex 
propria vigore and needs no additional legislation. — Alfred CaldiceU, Attorney- 
General. 

ARTICLE X 



2. Capitation Tax. The Legislature shall levy an annual capitation 
tax of one dollar upon each male inhabitant of the State who has at- 
tained the age of twenty-one years, which shall be annually appropriated 
to the support of Free Schools. Persons afflicted with bodily infirmity 
may be exempted from this tax. 

5. Power of Legislature to Levy. The power of taxation of the Ijegis- 
lature shall extend to provisions for the payment of the State debt, and 
interest thereon, the support of free schools, and the payment of the 
annual estimated expenses of the State; but whenever any deficiency in 
the revenue shall exist in any year, it shall, at the regular session 
thereof held after the deficiency occurs, levy a tax for the ensuing year, 
sufiicient with the other sources of income, to meet such deficiency, as 
well as the estimated expenses of such year. 

7. County Taxes Not to Exceed What — Debt. County authorities shall 
never assess taxes, in any one year, the aggregate of which shall exceed 
ninety-five cents per hun'dred dollars valuation, except for the support of 
free schools; payment of indebtedness existing at the time of the adoption 
of this Constitution; and for the payment of any indebtedness with the 
interest thereon, created under the succeeding section, unless such as- 
sessment, with all questions involving the increase of such aggregate, 
shall have been submitted to the vote of the people of the county, and 
have received three-fifths of all the votes cast for and against it. 

See Brannon vs. County Court, 33 W. Va., p. 789, construing this section. 

8. Bonded Indebtedness. No county, city, school district, or municipal 
corporation, except in cases where such corporations have already au- 
thorized their bonds to be issued, shall hereafter be allowed to become 
indebted, in any manner, or for any purpose, to an amount, including 
existing indebtedness in the aggregate, exceeding five per centum on the 
value of the taxable property therein to be ascertained by the last assess- 
ment for State and county taxes, previous to the incurring of such in- 
debtedness; nor without, at the same time providing for the collection 
of a direct annual tax, sufiBcient to pay, annually, the interest on such 



School Law of West Virginia 



debt, and the principal thereof, within and not exceeding thirty-four 
years; provided, that no debt shall be contracted under this section, unless 
all questions connecte'd with the same, shall have been first submitted 
to a vote of the people, and received three-fifths of all the votes cast for 
and against the same. 

ARTICLE XII 

1. Legislature to Provide System of Free Schools. The Legislature 
shall provide by general law, for a thorough and efficient system of Free 
Schools. 

'See 4 W. Va., p. 499. 

2. General Supervision. The State Superintendent of Free Schools 
shall have a general supervision of free schools, and perform such other 
duties in relation thereto as may be prescribed by law. If in the per- 
formance of any such duty imposed upon him by the Legislature he shall 
incur any expenses, he shall be reimbursed therefor; provided, the amount 
does not exceed five hundred dollars in any one year. 

3. County Superintendents. The Legislature may provide for county 
superintendents and such other oflicers as may be necessary to carry out 
the objects of this Article and define their duties, powers and compen- 
sation. 

4. School Fund — Board of. The existing permanent and invested 
school fund, and all money accruing to this State from forfeited, delin- 
quent, waste and unappropriated lands; and from lands heretofore sold 
for taxes and purchased by the State of Virginia, if hereafter redeemed 
or sol'd to others than this state; all grants, devises or bequests that 
may be made to this State, for the purposes of education or where the 
purposes of such grants, devises or bequests are not specified; this 
State's just share of the literary fund of Vi'rginia, whether paid over or 
otherwise liquidated; and any sums of money, stocks or property, which 
this State shall have the right to claim from the State of Virginia for 
educational purposes; the proceeds of the estates of persons who may 
die without leaving a will or heir, and of all escheated lands; the pro- 
ceeds of any taxes that may be levied on the revenues of any corporation; 
all moneys that may be pai'd as an equivalent for exemption from mili- 
tary duty; and such sums as may from time to time be appropriated by 
the Legislature for the purpose, shall be set apart as a separate fund, 
to be called the "School Fund," and invested under such regulations as 
may be prescribed by law, in the interest bearing securities of the 
United States, or of this State, or if such interest bearing securities can- 
not be obtailied, then said "School Fund" shall be invested in such other 
solvent, Interest bearing securities as shall be approved by the Governor, 
Superintendent of Free Schools, Auditor an'd Treasurer, who are hereby 
constituted the "Board of the School Fund," to manage the same under 



School Law of West Virginia 



such regulations as may be prescribed by law; and the interest thereof 
shall be annually applied to the support of free schools throughout the 
State, and to no other purpose whatever. But any portion of said in- 
terest remaining unexpended at the close of the fiscal year shall be added 
to and remain a part of the capital of the "School Fund;" provided, that 
all taxes which shall be received by the State upon delinquent lands, ex- 
cept the taxes due to the State thereon, shall be refunded to the county, 
or district by or for which the same were levied. 

School Fund Amendment. The accumulation of the School Fund pro- 
vided for in section four of article twelve, of the Constitution of this 
State, shall cease upon the adoption of this amendment, and all money 
to the credit of said fund over one million of dallars, together with the 
interest on said fund, shall be used for the support of the free schools of 
this State. All money and taxes heretofore payable into the treasury 
under the proviteion of the said section four, to the credit of the School 
F^nd, shall be hereafter paid into the treasury to the credit of the 
General School Fund for the support of the free schools of the State. 

5. Legislature to Provide for Free Schools. The Legislature shall 
provide for the support of free schools, by appropriating thereto the 
interest of the invested "Scljool Fund," the net proceeds of all forfeitures 
and fines accruing to this State under the laws thereof; the State capita- 
tion tax; and by general taxation of persons and property, or otherwise. 
It shall also provi'de for raising, in each county or district, by the au- 
thority of the people thereof, such a proportion of the amount required 
for the support of free schools therein as shall be prescribed by general 
laws. 

6. Districts. The school districts into which any county is now di- 
vided shall continue until changed in pursuance of law. 

7. Levies to be Reported to Clerk of County Court. All levies that 
may be laid by any county or district for the purpose of free schools 
shall be reported to the Clerk of the County Court, and shall, under such 
regulations as may be prescribed by law, be collected by the sheriff, or 
other collector, who shall make annual settlement with the county 
court, which settlements shall be made a matter of record by the clerk 
thereof, in a book to be kept for that purpose. 

8. White and Colored Pupils. White and colored persons shall not be 
taught in the same school. 

9. School Officers not to be Interested in Sale of Books. No person 
connected with the free school system of the State, or with any educa- 
tional institution of any name or grade under State control, shall be in- 
terested in the sale, proceeds or profits of any book or other thing used, 
or to be used therein, under such penalties as may be prescribed by law: 
Provided, that nothing herein shall be construed to apply to any work 
written, or thing invented, by such person. 

10. Independent Districts. No independent free school district, or 
organization shall hereafter be created, except with the consent of the 
school district or districts out of which the same is to be created, ex- 
pressed by a majority of the voters voting on the question. 



School Law of West Virginia 



11. Normal Schools. No appropriation shall hereafter be made to any 
State normal school, or branch thereof, except to those already estab* 
Ifehe^ and in operation, or now chartered. 

12. Legislature to Encourage Improvements. The Legislature shall 
foster and encourage moral, intellectual, scientific, and agricultural im- 
provement; it shall, whenever it may be practicable, make suitable pro- 
vision for the blind, mute and insane, and for the organization of such 
institutions of learning as the best interests of general education in the 
State may demand. 



The School Law of West Virginia 



Chapter XLV of the Code of West Virginia, Being 
Chapter Two of the Acts of Nineteen Hundred and 
Nineteen, Regular, and Extraordinary Sessions, and 
of the Acts of Nineteen Hundred and Twenty-One, 
Regular Session. 



Section 1. Definitions. The words used in this chapter and by-laws 
and in any proceedings pursuant thereto, shall, unless the context clearly 
Indicates a different meaning, be construed as follows: 

(1) "School" shall mean the pupils and teacher or teachers assembled 
in one room. 

(2) "District" shall mean magisterial school district and shall not 
include any independent school district heretofore established by special 
act or acts of the Legislature. 

(3) "Teacher" shall mean teacher, supervisor, principal superintend- 
ent, public school librarian, or any other person regularly employed for 
instructional purposes in a public school of this State. 

Sec. 2. School Year. The school year shall begin on the first day of 
July and end on the thirtieth day of June, and all reports, accounts and 
settlements respecting the free schools shall be made v:ith rerorence to 
the school year. 

Sec. 3. School Districts. Every magisterial district in each of the 
counties of the State shall be a school district, which shall be divided 
into such number of sub-districts as may be necessary for the convenience 
of the free schools therein. The present districts and sub-districts shall 
remain until changed in the manner prescribed by law. 

STATE BOARD OF EDUCATION 

Sec. 4. How Constituted— Vacancies — How Filled. There is hereby 
created a State Board of Education which shall be a corporation and as 
such may contract and be contracted with, plead and be impleaded, sue 
and be sued, and have and use a common seal. 

Said board shall consist of seven members of whom one shall be the 
state superintendent of schools, ex-offlcio, and the other six members 
shall be appointed by the governor, as herein provided from the two 
dominant political parties. On or before the first day of May, one thou- 
sand nine hundred and nineteen, the governor shall, by anri with th§ con- 



10 School Law of West Virginia 



sent of the senate, appoint six members of the board tor the following 
terms, to commence on the first day of July next after their appoint- 
ment: One for one year, one for two years, one for three years, one for 
four years, one for five years, and one for six years. Thereafter one 
member of the board shall be appointed by the governor on or before 
the first day of May in every year for a term of six years. 

The members of the state board of education shall be citizens of the 
state, and not more than four appointive members shall be of the same 
political party. No appointee of the board shall serve on the board. 

Vacancies on the board shall be filled by the governor for the unex- 
pired term. Before exercising any authority or performing any duties 
as a member of the state board of education each member thereof shall 
qualify as such by taking and subscribing to the oath of office prescribed 
by section five, article four of the state constitution, the certificate where- 
of shall be filed with the records of the board. A suitable office or 
offices in the state department of education at Charleston shall be 
provided for the use of the state board of education. 

Sec. 5. Meetings, Salary, Expenses. The state board of education shall 
meet in Charleston on the first day of July, one thousand nine hundred 
and nineteen, and thereafter the board shall hold at least six meetings 
in every year at such times and places as its bylaws maj'' prescribe. 
The board may meet at other times as often as may be necessary. Such 
other meetings shall be by resolution of the board v/heu in session, or 
at the call of the president of the board or of the state superintendent 
of schools. 

Each appointive member of the state board of education shall be en- 
titled to receive from the general school fund, upon warrants drawn 
by the state superintendent of schools, the sum of one thousand dollars 
a year as salary, payable quarterly, and every member of the board shall 
be reimbursed from said fund for any expenses incident to the perform- 
ance of his duties, upon presentation of an itemized sworn statement of 
the same. There is hereby created an advisory council to the state 
board of education to assist said board in formulating and carrying out 
policies with respect to the education of the colored youth of the State. 
Said council shall consist of the state supervisor of colored schools, 
herein provided, and two citizens of the Negro race to be appointed by 
the governor on or before the first day of May, one thousand nine hun- 
dred and nineteen, by and with the consent of the Senate for the fol- 
lowing terms to commence on the first day of July next after their 
appointment; one for two years and one for four years, and thereafter 
one member of said council shall be appointed by the governor on or 
before the first day of May in every second year for a term of four 
years. Vacancies in said council shall be filled by the governor for the 
unexpired term. 

The two appointive members of said advisory council shall be en- 
titled to receive from the general school fund, upon warrants drawn 
by the state superintendent of schools, the sum of one thousand dollars 
a year as salary, payable quarterly, and each of said appointive members 



School Law of West Virginia 11 



shall be reimbursed from said fund for any necessary expenses incident 
to the performance of his duties, upon presentation of an itemized sworn 
statement of same. The said advisory council shall have charge of ail 
matters with reference to colored schools, subject to the approval of 
the state board of education. 

Sec. 6. Organization. At its first meeting to be held on the first day 
of July, one thousand nine hundred and nineteen, and at its first regular 
meeting in every year thereafter, the state board of education shall elect 
one of its members as president and one as vice-president of the board. 
The state superintendent of schools shall be the chief executive officer 
of the state board of education. Said board shall appoint a secretary and 
fix his salary, which shall not exceed one thousand eight hundred dollars 
($1,800) per year, the same to be paid out of the general school fund 
upon warrants drawn by the state superintendent of schools. 

Sec. 7. Powers and Duties. On- and after the first day of July, one 
thousand nine hundred and nineteen, the state board of education created 
in section four of this act shall have the general control and management 
of the educational affairs of the West Virginia university, the state normal 
schools, the West Virginia trades school, the West Virginia vocational 
school, the West Virginia collegiate institute, the Bluefield colored insti- 
tute, the West Virginia schools for the deaf and the blind, and of any 
other State educational institution which may hereafter be created by 
law; and the statutory provisions applicable to the government and main- 
tenance of the schools or institutions named in this section shall con- 
tinue in full force except as may be provided otherwise in this act or by 
succeeding acts of the Legislature. Said board shall exercise such authority 
and perform such duties as may have been delegated heretofore to the 
state board of regents, to the state board of education as now consti- 
tuted, to the state school book commission, and to the stat^ vocational 
board, subject however to the provisions of this act and of succeeding 
acts of the Legislature. The state board of education shall employ the 
president or principal and the professors, teachers and other employees 
of each of the institutions named in this section, and shall fix the yearly 
or monthly salary to be paid to each person so employed, to be approved 
by state board of control according to law. 

Sec. 8. Training of Teacliers. The training of teachers in the State 
shall be under the general direction and control of the state board of 
education, which shall through the state superintendent of schools, ex- 
ercise supervisory control over the state normal schools and such other 
institutions named in section seven of this act as may be charged with 
the duty of training teachers, and over normal training high schools. 
Said board shall also exercise supervisory control over the teacher train- 
ing departments of all private or denominational schools which offer 
courses for the training of teachers, or which maintain classes or depart' 
ments therefor. 



12 School Law of West Virginia 

The state board of education shall make rules and regulations for the 
classification and standardization of all schools in the state, and shall 
determine the minimum standards for the conferring of degrees and the 
granting of diplomas. No institution may grant any diploma or confer 
any degree on any basis of work or merit below the minimum standard 
prescribed by the state board of education. 

Any institution doing work equal to the minimum standard shall be 
authorized to grant such diplomas or degrees as shall be appropriate 
to its class, such authorization to continue so long as the institution main- 
tains the standards set. All educational institutions whose degrees or 
diplomas were for the school year ending in June, one thousand nine 
hundred and eighteen, recognized by the state board of education in 
the granting of teachers' certificates or otherwise, shall be rated as 
approved institutions and shall continue to hold that distinction so long 
as they measure up to the minimum standard for institutions of their 
respective classes. 

It is further provided, however, that nothing contained herein shall 
infringe upon the rights granted to any such institution by charter given 
according to law previous to the passage of this act. It is provided 
further, that hereafter no charter or other instrument containing the 
right to confer degrees or to issue diplomas can be granted by the State 
of West Virginia, to any institution, or other association or organization, 
either within &r without the State, until the condition of conferring such 
degrees or issuing of such diplomas have first been approved in writing 
by the state board of education. 

Sec. 9. Shall Prescribe Minimum Standards for Courses of Study. 
The state board of education shall prescribe minimum standards of the 
courses of study to be offered in elementary schools, high schools, voca- 
tional schools, and in all other kinds, grades, and classes of schools, or 
departments thereof, which may now or hereafter be maintained in the 
State in whole or in part from any state fund or funds; provided, how- 
ever, that the courses of study in the state educational institutions shall 
be prepared by the faculties, teachers, or other constituted authority 
thereof, and shall before going into effect be submitted to the state board 
of education for its approval. 

It is approved that the basic language of instruction in the common 
school branches in all schools, public and private and parochial, shall be 
in the English language only. 

Sec. 10. Plans for School Buildings Shall Be Approved. The state 
board of education shall have authority to require the plans and speci- 
fications for any and all school buildings to be erected in school districts 
and in independent school districts having a population of less than five 
thousand (5,000) shall be submitted to said board or its agent- for ap- 
proval. It shall be the duty of the state board of education to see 
that all such plans and specifications comply with all the requirements 
of law relating to the erection of school buildings. 

Sec. 11. Shall Adopt Text-Books. The state board of education shall 
adopt text-books for uniform and exclusive use in the public schools of 
the State, except as hereinafter provided, such adoptions to be made sub- 
ject to the following restrictions and provisions: 



School Law of West Vikginia 13 

(a) By written request or otherwise the state board of education shall 
ask various publishers of text-books in the United States to submit 
samples and prices of text-books on all subjects required to be taught 
in the schools of the State. All bids or proposals shall be under seal, and 
each bidder shall deposit in the state treasury such sum of money as said 
state board of education shall designate, such deposit to be not less than 
one thousand dollars ($1,000) nor more than three thousand dollars 
($3,000) ; and said deposit shall be forfeited to the general school fund, 
if such bidder shall fail or refuse to make and execute such contract and 
bond as are herein required in case of the acceptance of all or a part 
of his bid, and otherwise shall be returned to said bidders after con- 
tracts have been made. 

(b) All bids shall be opened by the state board of education in execu- 
tive session. After considering the subject matter, printing, binding, 
general suitableness and prices of books submitted, said board shall on 
or before the first Tuesday in May, one thousand nine hundred and 
twenty-two, and every fifth year thereafter adopt one book, or one series 
of books, and only one on each subject required to be taught in the 
elementary schools for uniform and exclusive use in the free schools of 
this State, except in classified high schools and in towns and cities 
which have a population of thirty-five hundred or over. All bids sub- 
mitted at such session shall be made a matter or public record by show- 
ing the same by separate items on the record book of the board. At any 
adoption the affirmative votes of five members of the board shall be re- 
quired to change any book or series of books; provided, hoivever, that 
not more than thirty per cent of the subjects required by law to be taught 
in the elementary s'lhools shall be changed in any five-year adoption, 
unless further changes be necessary to protect the state against unfair 
prices or discrimination by the publishers of the books in use. When 
selections and adoptions of books have been properly made, it shall be 
the duty of the state board of education to execute contracts therefor 
with the publishers thereof for a period of five years, beginning July 
first following, each publisher being required to enter into bond of 
not less than ten thousand dollars ($10,000) to be approved by the state 
board of public works. Such contracts shall be prepared by the at- 
torney general in accordance with the terms and provisions Of this act, 
and shall be executed in duplicate, one copy held by the contractors and 
one by the state superintendent of schools. Should any successful bidder 
tail to contract or, if for any cause any goods or books adopted can- 
not be secured, the state board shall proceed at once to the selection 
and adoption of other books in lieu thereof. The State of West Virginia 
shall not be liable in any sum on account of any contract made in pur- 
suance of the provisions of this section. It is expressly provided, how- 
ever, that nothing contained herein shall impair the contracts now in 
effect between the state school book commission abolished by section 
sixteen of this act and the publishers of uniform text-books now adopted 
and in use in the public schools of the State. 

(c) If any publisher or contractor furnish to this State any book 



14 School Law of West Vieginia 

of like binding, material and workmansliip at a higher price than the price 
at which said publisher or contractor furnishes the same book to any other 
state, county, city or other school unit in the United States, like conditions 
prevailing, the state board of education shall require such publisher or 
contractor to make a like reduction of such price in this State, under 
penalty of cancellation of contract for any such book. 

(d) It shall be the duty of the state board of education to fix prices 
at which the various books adopted shall be sold to patrons, the excess 
of which above contract price shall represent the profit to the retailer; 
but in no case shall such profit exceed twenty per cent of the contract 
price. The state superintendent of free schools shall notify each county 
superintendent of the list of books adopted and prices at which they are 
to be sold and any person selling such books at a higher price than that fix- 
ed by the state board of education shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than ten dollars nor more 
than fifty dollars. The books furnished during the contract period shall 
be equal in all respects to the sample copies furnished the said board; 
and it shall be the duty of the state superintendent of free schools to 
carefully preserve in his office as the standard of quality, sample copies of 
all books contracted for. 

(e) It shall be the duty of each contractor at his own expense to 
place with responsible dealers, in no fewer than three magisterial dis- 
tricts in each county, at least two weeks before the beginning of sch'ool 
in any district in the county where such books are used, a sufficient 
number of books to supply the demand. He shall also arrange for the 
exchange of books at such places, allowing pupils or boards of educa- 
tion an exchange price as liberal as granted on the same books to any 
city, county, or state in the United States, like conditions prevailing. 
The exchange privilege shall extend through one entire school year, and 
the dealer making the exchange shall be allowed by the contractors 
ten per cent of the cash proceeds of same. Nothin? in this act is to 
be construed as preventing the use of supplementary readers; provided, 
they do not displace the adopted readers, nor the use of more advanced 
books in such schools as may be ready for the same. 

Sec. 12. Gifts and Bribes. Any member of the state board of educa- 
tion who shall receive, solicit or accept any gift, present or thing of 
value to influence him in his vote for the adoption of books, or any per- 
son who shall either directly or indirectly give or offer to give any 
such gift, present or thing of value to any member of said state board 
of education to influence him in voting for the adoption of books shall 
be guilty of a felony, and upon conviction thereof shall be punished 
by confinement in the penitentiary of this state not less than one year 
nor more than three years. 

Sec. 13. Sliall iVIake Rules Governing Purchase, Distribution and Care 
of Text-Books. The state board of education shall make rules governing 
the purchase, distribution, use and care of all free text-books used in the 
public schools of this State. 



School Law of West Virginia 15 

Sec. 14. Shall Make Rules. Subject to and in conformity with the state 
constitution and the laws of the State, the state board of education shall 
determine the educational policies of the state and shall make rules 
for carrying into effect the laws and policies of the state relating to 
education, including rules relating to the physical welfare of the pupils, 
the education of feeble-minded and physically disabled or crippled chil- 
dren of school age, retirement fund for teachers school attendance, 
evening and continuation or part-time day schools, school extension 
work, the classification of schools, the issuing of certificates upon cre- 
dentials, the purchase, distribution and care of free text-books by the 
district board of education, the general powers and duties of county and 
district boards of education, and of school trustees, teachers, princi- 
pals, supervisors and superintendents and such other matters pertaining 
to the public schools in the state as may seem to the board to be neces- 
sary and expedient. 

The state board of education is hereby authorized and empowered to 
accept for the State of West Virginia any appropriations of money for 
the removal of illiteracy, the teaching of immigrants, and other educa- 
tional purposes that may hereafter be made out of the federal treasury 
by any act or acts of congress, and shall be constituted the chief state 
educational authority for the expenditure and administration of any such 
funds. Said board shall have authority to make rules and regulations 
for the expenditure of such funds, such expenditure to be in accordance 
with the terms of the acts of congress making such appropriations. 

The treasurer of the State is hereby designated as custodian for all 
funds received as apportionments under the provisions of any such act 
or acts of congress. 

Sec. 15. Shall Exercise Other Authority. The state board of education 
shall exercise such other authority and perform such other duties as 
may be delegated to it by this act and by succeeding acts of the Lregis- 
lature. 

Sec. 16. Boards Abolished. The state board of regents, the state board 
of education, the state school book commission, and the state vocational 
board as now respectively constituted by law are hereby abolished, ef- 
fective at midnight of the thirtieth day of June, one thousand nine hun- 
dred and nineteen. 

THE STATE SUPERINTENDENT OF SCHOOLS 

Sec. 17. Election, Qualifications Salary. There shall be elected by the 
qualified voters of the State a state superintendent of schools, whose 
term of oflSce shall be the same as that of the governor. He shall be a 
person of good moral character, of recognized ability as a school ad- 
ministrator, with academic and professional training equivalent to grad- 
uation from a standard university or college, and shall have had not less 
than five years of experience in public school work. He shall receive 
an annual salary of five thousand ($5,000) to be paid monthly out of 



16 School Laav of West Virginia 

the state fund upon warrants of the state auditor and he shall receive 
necessary traveling expenses when away from the capital on official 
business, not to exceed the sum of five hundred dollars, the same to be 
paid out of the general school fund upon warrants of the state auditor. 
Said superintendent shall reside and keep his office at the state capital. 

General Powers and Duties 

Sec. 18. Shall Provide Seal. The state superintendent of schools shall 
provide a seal for his office and copies of his acts and decisions, and of 
papers kept in his office when authenticated by his signature and his 
official seal, shall be received as evidence in all courts the same as the 
original. He shall sign all requisitions on the auditor for the payment 
of money out of the state treasury for school purposes, except as other- 
wise provided by law. 

Sec. 19. Shall Have General Supervision of Schools. The state super- 
intendent of schools shall have general supervision of the free schools 
of the State, and shall be the chief executive officer of the state board 
of education. He shall be charged with the general supervision of all 
county and city superintendents of free schools and of county and dis- 
trict boards of education within the State, except as provided in chap- 
ter thirty-three of the acts of one thousand nine hundred and eight. He 
shall prescribe the forms and cause to be prepared and printed all blanks 
necessary for carrying out the details of the school system of the State, 
and of the rules of the state board of education, so as to secure the uni- 
form operation of the same throughout the State. In respect to general 
school statistics, said forms and blanks shall conform as nearly as may 
be to the forms and blanks recommended by the United States bureau of 
education. Said state superintendent shall also cause such forms and 
blanks to be forwarded to all school officers and other persons whose 
duty or right it is to use them. 

Sec. 20. Shall Institute Proceedings. The state superintendent of 
schools shall cause to be instituted such proceedings or processes as may 
be necessary properly to enforce and give effect to any provision or provi- 
sions of this act and to the provisions of any other general or special 
laws pertaining to the school system of the State, or any part thereof, 
or of any rule or direction of the state board of education, made in con- 
formity with its powers and duties as provided in this or subsequent 
acts. Said superintendent shall have authority to administer oaths 
and to examine under oath, in any part of the State, witnesses in any 
proceeding pertaining to the public schools, and to cause such examin- 
ation to be reduced to waiting. Witnesses, other than employees of the 
State, shall be entitled to the same fees as in civil cases in the circuit 
court. The state superintendent of schools shall have power to insti- 
tute the proper proceedings for the removal of any school official charged 
with dishonesty, continued neglect of duty, or with failure to comply 



School Laav of West Virginia 17 

with the provisions of this act or of the rules of the state hoard of 
education. 

Sec. 21. May Hold Conferences. The state superintendent of schools 
shall have authority to call conferences of the county, district, and city 
superintendents of schools of the state, or of any group or groups of such 
superintendents, for the purpose of considering with them any matters 
relating to the conditions and needs of the schools and the proper means 
of improving the schools throughout the state or any section thereof. 

Sec. 22. Shall Give Interpretation. At the request in writing of any 
citizen, teacher, school official, county or state officer, the state super- 
intendent of schools shall give his interpretation of the meaning of any 
part of the school law or of the rules of the state board of education. 

Sec. 23. State Manuals and Other Publications. (1) From time to 
time as may be necessary, the state superintendent of schools shall cause 
to be prepared and published for distribution to the proper persons to 
receive them, manuals of the courses of study prescribed by the state 
board of education, as provided by section nine of this act. It shall be 
his duty to see that the minimum standards set forth therein shall be 
maintained in all the several kinds and grades of the public schools 
throughout the State. It shall also be the duty of the state superintendent 
of schools to provide for the examination of pupils completing such 
courses of study and to cause diplomas or certificates to be issued to all 
persons who satisfactorily complete such courses. 

(2) Said superintendent shall cause to be printed and distributed 
from time to time a sufficient number of copies of the school law to 
supply the needs of school officials and other citizens of the State. 

(3) Said superintendent shall cause to be prepared and published a 
list of books suitable for school libraries and shall recommend the 
proper conditions for the purchase and use of such books. Such list 
shall be distributed among the teachers, principals, and superintendents 
throughout the State. 

(4) The state superintendent of schools shall also have authority to 
publish and distribute such other reports, circulars of information, and 
bulletins as in his judgment will promote the best interests of the schools. 

The expenses of printing all such publications or other documents 
shall be paid out of the general school fund on warrants drawn by the 
state superintendent of schools. ' 

Sec. 24. Shall Make a Biennial Report. On or before the first day of 
November preceding each regular session of the Legislature, the state 
superintendent of schools shall make and transmi't a report to the 
governor, to be transmitted by him to the Legislature. Such reports 
shall contain summaries of the annual reports of the county superin- 
tendents and such other information about the conditions of the public 
school system of the state as said superintendent may deem it wise 
to communicate to the governor and the Legislature. Said report shall, 
however, contain such information about the public schools of the state 



18 School Law of West Virginia 

as the governor or the Legislature may have previously requested. Said 
reports shall also include the recommendations of the state superin- 
tendent respecting needed legislation on behalf of the schools. 

Sec. 25. Shall Employ Assistants. For carrying into effect the pro- 
visions of this act, the state superintendent of schools shall maintain 
a department of public schools at his office at the state capital and he 
shall have authority to appoint assistants and such other employees as 
may be necessary, including a state supervisor of colored schools, virhose 
salary shall be $2,400.00 per annum and for any necessary expenses in- 
cident to the performance of his duties upon presentation of itemized 
sworn statement of the same. 

Sec. 26. Other Powers and Duties. The state superintendent of schools 
shall exercise such other powers and discharge such other duties as 
are herein assigned to him, or as may from time to time be assigned 
to him by the Legislature and by the state board of education. 

COUNTY SUPERINTENDENTS OF SCHOOLS 

Sec. 31. Election, Qualification, Oath, Bond. The county superin- 
tendents of schools elected in the general election in November, one 
thousand nine hundred and eighteen, shall hold office for the full term 
of four years for which they were elected, and until their successors 
are elected as herein provided and are qualified according to law. 

A county superintendent of free schools shall be elected in each county 
by the voters thereof, at the general election held on the Tuesday after 
the first Monday in November, one thousand nine hundred and twenty- 
two who shall be a resident of the county in which he is elected and whose 
term of office shall commence on the first day of July next after his 
election, and continue for four years and until his successor is elected and 
qualified according to law. The county superintendent of free schools 
shall immediately upon receiving the certificate of election from the 
canvassing board, or the county court, forward a written notice thereof 
to the state superintendent of free schools. 

In case of a tie in the vote for the county superintendent of free 
schools, the presidents of the various districts board of education shall 
at a meeting called for that purpose, at the court house of the county, 
by the county superintendent of free schools, not less than six nor more 
than twelve days after the result of such election is ascertained, appoint 
one of the persons receiving the highest number of votes for said office 
at the said election as county superintendent of free schools who shall 
give notice as aforesaid to the state superintendent of his appointment. 
A notice of such meeting shall be made out by the county superin- 
tendent and served upon the president of each district board of edu- 
cation at least three days before the day of such meeting in the manner 
provided by law for the service of other process. 

Only £uch persons shall be eligible to hold the office of county super- 



School Law of West Virginia 19 

intendent as shall, at the time of their election or appointment, possess 
at least one of the following qualifications: 

(1) A life certificate with nine weeks training in school adminis- 
tration and supervision. 

(2) A supervisor's certificate. 

(3) A diploma of graduation from a standard normal course, or who 
in the judgment of the state board of education, have completed work 
equivalent thereto. 

(4) A first grade elementary certificate or its equivalent issued prior 
to the first day of July, one thousand nine hundred and twenty-two, with 
ten years experience as a teacher and nine weeks training in school 
administration and supervision. The work year in this connection is 
to be construed as meaning any number of months, not less than the 
minimum school term, taught in any calendar year; provided, that 
service in the United States army or navy in the world vvar shall be 
counted the same as teaching for double the number of years or frac- 
tions of years so served. 

Before assuming any of the duties of his office, or exercising any au- 
thority whatsoever, every county superintendent of schools shall qualify 
before the clerk of the county court, and he shall also execute with said 
clerk a bond with approved security in the penalty of one thousand 
dollars ($1,000) conditioned upon the faithful performance of the duties 
of his office and upon the accounting and paying over to the proper 
authorities of all money coming into his hands. Said clerk shall within 
five days after said qualification and execution of bond certify to the 
state superintendent of schools the name of such county superintendent 
and the fact of his qualifying and executing such bond. 

Every county superintendent of schools shall devote his entire time 
during his term of office to the performance of his duties as superin- 
tendent. 

Sec. 32. Vacancy, How Filled. Upon proper complaint in writing, from 
the state superintendent of schools or from any officer or citizen of the 
county against any county superintendent of schools for immorality, 
misconduct in office, incompetency, wilful neglect of duty, or other good 
and sufficient cause, the state board of education may, after careful in- 
vestigation of such complaint, remove any such county superintendent 
of schools by making known to him in writing upon not less than ten 
days' notice, the charges against him and by giving him an opportunity 
to be heard in his own defense, either in person or by counsel. After 
this act shall go into effect any vacancy occurring in the oflfice of county 
superintendent of schools, whether by removal or otherwise, shall be 
filled by the presidents of the district boards of education until the next 
general election. In case of a tie in the vote for filling any such va- 
cancy, the state superintendent of schools shall appoint a county super- 
intendent of schools. 

Sec. 33. Comipensation. County superintendents of schools shall re- 



20 School Law of West Virginia 

ceive for their services from the general school fund annual compensa- 
tion as follows: In counties having fewer than seventy-five schools, 
twelve hundred dollars ($1,200); in counties having seventy-five schools 
but fewer than one hundi-ed schools, thirteen hundred dollars ($1,300) ; 
in counties having one hundred schools but fewer than one hundred 
twenty-five schools, fourteen hundred dollars ($1,400); and in counties 
having one hundred twenty-five schools or more, the county superin- 
tendent shall receive fourteen hundred ($1,400), and in addition thereto 
three dollars ($3.00) for each school above one hundred twenty-four; 
provided, however, that the salary of a county superintendent of schools 
payable out of the general school fund shall in no case exceed twenty- 
one hundred dollars ($2,100) per annum. 

Sec. 34. How Payments Shall Be Made. Such compensation of the 
county superintendent of schools shall be paid monthly out of the gen- 
eral school fund upon orders drawn by the county superintendent of 
schools on the state superintendent, who shall upon receiving the same 
issue a requisition upon the auditor therefor, payable to said county 
superintendent, or to his assignee. 

Section 34-a. The county court of each county is hereby authorized and 
directed to provide proper clerical assistance for the ofBce of the county 
superintendent of free schools and to pay monthly out of the county 
fund the salary of the person performing such service, which amount 
shall be at the rate of three dollars per school; provided, hotvever, that 
the amount so paid said assistant shall not exceed twelve hundred dol- 
lars per annum in any county; such clerical assistant shall be appointed 
by the county superintendent of free schools. It is provided that the 
county superintendent of free schools shall be reimbursed for his neces- 
sary traveling expenses, said expenses to be paid out of the county fund 
by the county court upon presentation of sworn itemized monthly state- 
ments to said county court; provided that said expenses shall not exceed 
three hundred dollars in any year. 

General Powers and Duties 

Sec. 35. Shall be Chief Executive Officer. As chief executive school 
officer in the county, the county superintendent of schools shall see that 
the school laws and rules of the state board of education are carried into 
effect, except in independent school districts. He shall explain the true 
intent and meaning of the school laws and of the rules of the state 
board of education; he shall decide all controversies and disputes in- 
volving the orders of any district board of education in his county, and 
his decisions shall be final unless the same are appealed within thirty 
days to the state superintendent of schools. Said county superintendent 
shall also have authority to administer oaths and to examine under 
oath, witnesses in any proceeding pertaining to the public schools of 
the county and to cause the examination to be reduced to writing. 

Sec. 36. Shall Visit Schools. The county superintendent of schools shall 
visit the schools of his county as often as practicable, shall observe the 



School Law of West Virginia 21 

management and instruction therein, and offei' suggestions for the im- 
provement of the same. He shall advise with supervisors, principals, 
and teachers; shall counsel with district boards of education and school 
trustees, and shall labor in every way to awaken public interest in the 
schools and to improve educational conditions throughout the county. 
Subject to the rule of the state board of education the county superin- 
tendent of schools shall cause the schools of his county to be graded and 
standardized and shall see that at least the minimum standards for the 
courses of study as prescribed by the state board of education are main- 
tained. He shall report to the proper district board of education all 
cases of incompetency or neglect of duty on the part of any teacher, trus- 
tee or attendance officer and he shall report to the state superintendent of 
schools all cases of drunkenness, untruthfulness, immorality or continued 
neglect of duty on the part of teachers, principals, and supervisors, with 
his recommendations for the proper remedy by said state superintendent. 
The county superintendent of schools shall also have authority to suspend 
any teacher whose presence in the school he regards as detrimental to 
the welfare of the pupils, pending an investigation into the conduct or 
condition of such teacher by the state superintendent of schools or by 
his representatives. If the physical conditions in or about any school 
house are in the judgment of the county superintendent of schools a 
menace to the health or safety of the pupils of the school, said county 
superintendent shall have authority to close such school until such con- 
ditions are remedied. 

Sec. 37. May Hold Conferences. The county superintendent of schools 
shall have authority to call annually, or from time to time as needs may 
require, conferences of members and secretaries of boards of education or 
of principals and supervisors of schools in order that he may discuss with 
them his plans for improving the administration of the school affairs 
throughout the county. ' Members of boards and supervisors and prin- 
cipals shall be reimbursed out of the building fund of their respective dis- 
tricts for their actual and necessary traveling expenses incurred in at- 
tending one such conference each school year. 

Sec. 38. Shall be County Financial Secretary. The county superin- 
tendent of schools in each county shall be ex-officio county financial sec- 
retary of school affairs, and as such ofiicer he shall have the power and 
authority to perform the duties herein assigned to him by the Legis- 
lature. 

The county financial secretary shall keep the financial records for all 
the schools within his county, said records to be kept in the forms pre- 
scribed by the chief inspector under chapter thirty-three, acts of 1908.. 
He shall countersign all proper orders issued by the several boards of 
education within his county before said orders are payable by the sheriff 
or school treasurer, and shall nake annual settlements with the sheriff 
or school treasurer for the several school funds, as provided by law; he 
shall at the end of each month deliver to each board of education a sum- 
marized statement showing the financial condition of their several 
school funds, said statement to be in the form prescribed by the chief 



22 School Law of West Virgima 

inspector under chapter thirty-three, acts of one thousand nine hundred 
and eight. 

No sheriff or scliool treasurer shall pay any order drawn on any school 
fund until said order has been countersigned by the county financial 
secretary. At the end of each month the sheriff or school treasurer shall 
make a report to the county financial secretary, showing the date, num- 
ber and amount of each school bond and interest coupon paid during 
the month. 

The county court of every county shall provide at the county seat a 
suitable office, in the courthouse, if there be sufficient room, for the 
county superintendent of schools, and shall keep the same supplied with 
the necessary furniture, apparatus, fuel, light, record books, stationery, 
postage and such other things as shall be necessary, including janitor ser- 
vice. The county financial secretary shall receive for his services required 
by this act an annual compensation of seventy-five dollars, except that in 
counties having more than one hundred teachers employed for at least 
six months during the year, the annual compensation shall be at the 
rate of seventy-five cents for each teacher so employed, said compensa- 
tion to be based on the number of teachers employed during the preced- 
ing year, and to be paid monthly on orders issued by the county court 
drawn on the general county fund. 

Sec. 39. Shall Make Annual Report. The county superintendent of 
schools shall receive and revise the reports made to him by the secreta- 
ries of the several boards of education of the districts and independent 
districts, and see that they are complete and in forms prescribed by law 
or as prepared by the state superintendent of schools; and when defi- 
ciencies or errors exist, he shall return such reports to such secretaries 
and refuse to issue warrants for their salaries until all reports are ac- 
curate and complete. From these reports and such other information 
as he may have the county superintendent of schools shall make a report 
to the state superintendent of schools on or before the first day of 
August annually or as soon thereafter as possible, setting forth in refer- 
ence to each district and independent district of his county for the year 
ending on the thirtieth day of June next preceding, the several particu- 
lars required in the blank forms to be furnished to him by the state 
superintendent of schools. If any county superintendent of schools 
shall fail to make such report to the state superintendent of schools by 
the first day of August in any year said state superintendent shall have 
authority to withhold the salary of such county superintendent and may 
deduct three dollars ($3.00) from the salary of such county superinten- 
dent for every day after the first day of August until the receipt of such 
annual report. 

Sec. 40. Shall Exercise Other Authority. The county superintandent 
of schools shall exercise such other authority and perform such other 
duties as may be prescribed by this act or by succeeding acts of the 
Legislature, or as may be required by the by-laws of the state board of 
education, and he shall have authority to act at his discretion in any 
cases of emergency affecting the best interests of the schools. 



School Law of West Virginia 23 

DISTRICT BOARD OF EDUCATION 

Sec. 41. How Constituted, Election, Term. In each district there shall 
be a board of education, which shall consist of a president and two school 
commissioners elected by the qualified voters of the district. The com- 
missioner who was elected at the general election in one thousand nine 
hundred and sixteen, and the commissioner and president who were 
elected at the general election in one thousand nine hundred and eigh- 
teen, shall serve the full term of four years for which they were elected, 
and until their successors are elected or appointed and have qualified ac- 
cording to law. At the general election to be held on the Tuesday after 
the first Monday in November, one thousand nine hundred and twenty, and 
every four years thereafter, one school commissioner shall be elected; 
and at the general election to be held on the Tuesday after the first 
Monday in November, one thousand nine hundred and twenty-two, and 
every four years thereafter, a president and one school commissioner 
shall be elected. Their terms of office shall commence on the first day 
of July next after their election, and they shall each continue in office 
for four years, and until their successors are elected or appointed and 
have qualified according to law. 

Sec. 42. Tie in the Vote. In case of a tie in the vote for school com- 
missioner or president of the board the county superintendent shall ap- 
point one of the contestants as commissioner or president. 

Sec. 43. Vacancy, How Filled. Any member of the board of educa- 
tion who shall be employed to teach in his district, or any member who 
shall move to another district, county or state, shall in either case there- 
by immediately vacate his office. 

Vacancies in the office of school commissioner or president shall be 
filled by the county superintendent of schools. 

Sec. 44. Oath of Office. Every president and commissioner of a board 
of education elected or appointed within the State shall, before exer- 
cising any authority or performing any duties of his office, qualify as such 
by taking and subscribing to the oath of office prescribed by section five 
of article four of the State Constitution, which oath shall be filed with the 
secretary of the board of education in his district. 

Sec. 45. IVIeetings, Quorum, Compensation. The district boards of 
education shall hold their regular meetings on the first Monday in July, 
the second and fourth Tuesdays in August, and when the schools are In 
session, on the fourth Saturday of each calendar month, or other regu- 
lar day in the fourth week of the month to be agreed upon by the board, 
all such meetings to be held at a place to be designated by the board at 
its first meeting held on the first Monday in July. Upon the call of 
the president or of the two school commissioners boards of education 
may hold other meetings, but no business shall be transacted at any 
called meeting except such as may be designated In the call therefor, of 
which all the members have had notice. 

A majority of the members of a board of education shall constitute 
a quorum and such board cannot transact any official business except 
when assembled as a board. 



24 School Law of Wrsr Virginia 

Each member of a board of education shall be entitled to receive, as 
compensation for his services, three dollars ($3.00) a day for each day 
spent in the performance of his official duties; provided, howcvar, that 
no president of a board of education shall receive pay for more than 
fifteen days, and no commissioner shall receive pay for more than 
twelve days, in any year. 

General Powers and Duties 

Sec. 46. The District Board a Corporation. The board of education of 
each district shall be a corporation by the name of "The board of educa- 
tion of the district of in the county of ," and as such 

may sue and be sued, plead and be impleaded, contract and be con- 
tracted with; and shall succeed and be subro^rated to all the rights of 
former district boards of education; and may prosecute and maintain 
any and all suits and proceedings now pending or which might have been 
brought and prosecuted in the name of any such former board of edu- 
cation for the recovery of anv money, or propertv or dap-'age to any 
property due to or vested in such former board, and shall also b'^ liable 
in its corporate capacity for all claims legally existing- against the board 
of education of which it is successor. Said board shall, according to 
law, hold and dispose of any real estate or personal property belonging 
to said corporation or its nredpcessorn. or th?t r-'ay hereinaft'^r come 
into its possession. Said board shall receive, hold and disnose of, ac- 
cording to law, and the intent of the instrument conferring title, any 
gift, grant, devise or bequest. All schoolhouses, school sites, and other 
property belonging to any board of education and used for school 
purposes shall be exempt from execution or other rrccess, and free from 
lien or distress for taxes or for county or state levies. 

Sec. 47. School Uanrf. Any lard f^v school pite-- wi~ich frr fi-''^ vears 
prior to the first day of July, one thousand nine hundred and nineteen, 
have been in the undisnuted possession of anv district hoard of edu 
cation and which are stiU in such possession and to which t'tle cannot 
be shown by any other claimant, shall be the. proT>erty of the board of 
education of the district in which any such lands may lie, and the 
title thereto shall be vestpd in such board and their successors ip 
office, to be held and used for school purposes, subject to the provisions 
of section forty-nine of this act. 

Sec. 48. School pronerty may bo sold. It sh-^ll ^o the duty cf pvery 
district hoard of education to ascertain, at the beginning of each school 
year, the physical condition of all school buildings in its district and the 
necessity of the same for school purposes and such buildings as. hi the 
judgment of the board, are pronerly located and are suitable or can 
with reasonable expense be rendered suitable for school purpor-.^n. shall 
If necessary for carrving on the schools, be re+^ined; all other buiMings 
together with lands held in connection therewith, shall with the consent 
of the county superintendent of schools be sold at public auction to the 
highest responsible bidder, by the board of education, on proper legal 
notice and on such terms of sale as the board may order, and the 



School Law of West Virginia 25 

proceeds of such sale shall be placed to the credit of the building 
fund of the district; provided, that in rural districts the grantor of such 
lands, his heirs or assigns, shall have the right, at such sale, to pur- 
chase said land, exclusive of mineral rights, and buildings thereon, at 
the same price for which it was sold, plus legal interest. Said board, 
with the consent of the county superintendent and by the same method 
prescribed for the sale of school buildings and lands, may also lease for 
oil or gas or other minerals any lands or school sites owned in fee by it, 
the rental or other proceeds of any such lease to be placed to the credit 
of the new building fund of the district. 

Sec. 49. Shall Provide School Sites. The board of education of every 
district and independent school district shall provide by purchase, con- 
demnation or otherwise, such lands as may be necessary for school 
buildings, playgrounds, experiments in agriculture, and other educational 
purposes, and shall have authority to make the necessary expendi- 
tures for the improvement of such lands. 

If the owner or owners refuse to sell any land selected by a board 
of education or a county superintendent as a location for a schoolhouse 
and other necessary buildings, or for enlarging a school house lot, 
or for any other educational purpose, or if such owner demand an 
unreasonable price therefor, or is "non compos mentis," a "femme 
couverte," a minor, or a non-resident, the board of education may pe- 
tition the circuit court to have such land condemned, and such pro- 
ceedings shall thereupon be had in the name of such board for the con- 
demnation thereof, as provided for in chapter forty-two of the code of 
West Virginia; provided, that the land so taken shall not exceed in 
quantity five acres. 

It is provided, however, that except in independent school districts, no 
lands may be purchased by any board of education, nor condemned by 
any circuit court, unless such lands have first been approved for the 
purpose or purposes intended, by the county superintendent of schools 
in writing. It is provided, further, that a board of education cannot 
spend public school funds for the erection of school houses or other 
buildings for educational purposes, on lands to which the board does not 
possesses legal title or other instrument of possession approved by the 
county superintendent of schools. 

Sec. 50. Shall Provide Buildings, Furniture and Equipment. The 
board of education of every district and independent school district 
shall provide by purchase, lease, building, or otherwise a sufficient num- 
ber of suitable schoolhouses and other buildings to meet the educational 
needs of its district. Said board shall also provide such furniture, 
fixtures, and apparatus for said school houses and other buildings as 
may be necessary for the effectiveness of the schools and for the con- 
venience, health, and cleanliness of the pupils thereof, including fuel 
and other necessary supplies and shall cause the school grounds, school 
houses, and furniture, fixtures, and apparatus therein to be kept in good 
order and repair, and may provide for medical and dental clinics. It 
is provided, however, that no school house or other school building shall 
be constructed by any board of education, except in independent districts. 



26 School Law of West Vikginia 

until the location therefor has first been approved by the county super- 
intendent of schools, nor until the plans for such building have first 
been approved in writing by said superintendent, unless the plans have 
been endorsed by the state board of education of its agent. In the 
event said board cannot agree upon the location or plans of any pro- 
posed school building said county superintendent shall select the loca- 
tion and the plan for such building. 

It is further provided, that proposed repairs upon old buildings or the 
remodeling cf the same, costing in excess of two hundred dollars 
($200.00) for any building, shall not be made by a board of education, 
except in independent districts, without the written approval of the 
county superintendent of schools; and that no purchase of school furni- 
ture, fixtures, equipment, library books or supplies costing in excess of 
fifty ($50.00) dollars shall be made by such board of education without 
the written approval of said superintendent. 

The county superintendent of schools may as county financial secre- 
tary refuse to countersign any orders which may be issued by any 
board of education in violation of the provisions of this section and of 
section fifty* requiring his approval. 

The county superintendent of school shall also have authority to re- 
quire that any district board of education shall submit for his approval 
any contract about to be made by such board involving an expenditure 
from the building fund of the district, if the amount of such contract is 
in excess of three hundred ($300.00) dollars. 

Sec. 51. IViay Provide Buildings Jointly. District boards of education 
in adjoining districts may jointly provide for the construction of school- 
houses and the teaching of school therein for the attendance of pupils 
in adjoining portions of such districts, whether in the same or different 
counties, who may be better accommodated by such union of schools. 
The title of such school houses shall be vested in the board of educa- 
tion of the district in which such joint schoolhouse is located, and the 
terms of the agreement shall be reduced to writing and entered of 
record in the minutes of each board concerned. Such schoolhouses 
shall be provided v/ith furniture, fixtures, and such other apparatus and 
equipment as are supplied to schoolhouses generally, and an equitable 
amount of the cost thereof shall be apportioned to each district affected 
by such union, and the same shall be paid by each board in the manner 
of payment of other school expenses within its own district. 

Sec. 52. Bond Required from Contractors. Boards of education shall 
in all cases require persons entering into contract for the building or re- 
pairing of schoolhouses where the contract price exceeds one hundred 
($100.00) dollars to execute bond, with approved security, in double the 
amount of the contract price. 

Sec. 53. May Appoint Trustees. Boards of education may, at their dis- 
cretion, appoint one school trustee for each of the sub districts, in their 
districts, or for any one or more of such sub-districts, to be custodian of 
the school properties therein. If any board of education decides to ex- 
ercise the authority herein given to it to appoint trustees, it shall at its 

♦Refers to section forty-nine. 



School Law of West Vieginia 27 

first regular meeting in any year commencing witti the school year, be- 
ginning the first day of July, one thousand nine hundred and nineteen, 
appoint as trustee for each such sub-district a responsible citizen there^ 
of, for a term of one year from the date of his appointment. Said 
district board may at any time for neglect of duty or for other good 
cause, remove any trvistee so appointed by serving notice upon him of 
his removal, and may appoint his successor for the unexpired term. 
Provided, however, that nothing herein shall prevent a board of educa- 
tion from appointing three trustees for each sub-district in its district, 
who, when appointed, shall be the custodians of the school property 
therein, and who shall have the authority to appoint and contract with 
teachers in their respective sub-districts, but such appointments shall 
be made at a meeting to be held on the third Monday in July of each 
year, or as soon thereafter as practical, and under the conditions pro- 
vided by law for contracting with teachers. 

At their meeting on the first Monday in July, one thousand nine 
hundred and nineteen, the board of education, if it exercise the authority 
to appoint three trustees, shall appoint one for a term of one year; one 
for a term of two years; and one for a term of three years; who shall 
hold their offices until their successors are appointed and qualified. 
After the expiration of said terms all apppointments fchall be made 
for a term of three years; but nothing herein shall prevent a board 
of education from exercising the right to appoint trustees at their 
meeting on the first Monday in July of any subsequent year. 

The trustees so appointed shall exercise the same right and authority 
over their respective sub-districts as is exercised by the board of edu- 
cation when no trustees are appointed therein, but shall be subject to 
removal by the board of education at any time for neglect of duty or 
misconduct in office. The act of removing any trustee by a board of 
education as aforesaid shall be final. A school trustee shall be under 
the immediate direction of the board of education of his district, or of 
its authorized executive officer. He shall receive no salary or other 
emolument in recognition of his services as school trustee, but if while 
performing any duty imposed upon him by an order of the board of edu- 
cation of his district, when such order is in conformity with the orders 
of the board, he incurs any expense to himself, he shall be reimbursed 
therefor out of the building fund of the district, and if he is required 
to perform any labor by orders of the board he shall be allowed a reason- 
able compensation for the time actually and necessarily spent at such 
labor. Said board shall also have authority to appoint janitors for 
school buildings and to pay such janitors out of the building fund an 
amount not to exceed two dollars ($2.00) per week for each class room 
in use in such building. It is provided, however, that the maximum of 
two dollars per week for janitors service shall not apply in independent 
districts or in graded and high schools of more than four rooms. 

Sec. 54. Minimum School Term — Boards IVIay Extend Same, The 
board of education of every district and independent district shall pro. 
vide In the schools of its district a minimum school term in each year 
as follows: In the year 1919-1920, one hundred twenty days; in the year 



28 School Law of West Virginia 

1920-1921, one hundred thirty days; in the year 1921-1922, one hundred 
forty days; in the year 1922-1923, one hundred fifty days; in the year 
1923-1924, and thereafter, one hundred sixty days. It is provided,, 
however, that the board of education of any district or independent 
school district shall have authority to extend such minimum school 
term in any year for as many days in addition thereto as the board may 
determine. It is provided, further, that if the proceeds of the regular 
levies authorized by law are insufficient to enable the board of edu- 
cation of any district to extend the term of school for a longer term than 
the minimum herein provided, such board may at any general election: 
or at a special election submit to the qualified voters of the district 
the question of laying an additional levy for such extension of the 
school term, and if petitioned so to do by at least fifty tax-payers in any 
district, the board of education shall submit the question of such addi- 
tional levy. If at any such election a majority of the votes cast on the 
question are in favor of such additional levy, it shall then be the duty 
of the board of education to make such extension and to lay on all the- 
assessed valuation of property in the district such additional levies as 
may be necessary to pay the additional cost of the same. The term of 
school fixed by such election shall continue from year to year so long 
as a majority of the votes cast at the election at which the question of 
"school levy" is submitted, be in favor of such "school levy," or until 
the term so fixed shall be changed by a majority vote of the people in 
such district. The schools shall be open to all youth between the ages 
of six aJid twenty-one for the full length of the school term provided' 
in their district. 

Sec. 55. Salaries for Teachers — Board Shall Fix Same. Boards of edu- 
cation shall have authority to fix special schedules of salaries to be paid 
to superintendents, principals, supervisors, and all other employees who 
are not employed as teachers; and, to fix the salaries of teachers. 

Commencing with the school year, beginning the first day of Julv- 
one thousand nine hundred and twenty-one, boards of education shall 
fix the rates of salary to be paid teachers in accordance with the following 
classifications and requirements; 

(a) Basic salaries shall be the salaries fixed for teachers who are 
teaching their first regular term of school. Such salaries shall be fixed 
according to the following schedule: 

(1) For teachers holding certificates of the rank of third grade not 
less than fifty dollars a month. 

(2) For teachers, holding certificates of the rank of second grade 
not less than sixty-five dollars a month. 

(3) For teachers holding certificates of the rank of first grade, 
secured by examination or on credentials not equivalent to a short 
normal course of study not less than eighty-five dollars a month. 

(4) For teachers who have completed the short normal course or the- 
normal training course in an approved high school at least five dollars a. 
month more than the rate fixed for teachers holding certificates of the- 
rank of first grade secured by examination. 



School Law of West Virginia 29 

(5) For teachers who have completed the diploma course of study in 
a standard normal school, or who have had in the opinion of the state 
"board of education, equivalent training at least fifteen dollars a month 
more than the rate fixed for teachers holding certificates of the rank 
of first grade secured by examination. 

(6) For teachers wlio have completed a collegiate course of study in 
an approved institution of collegiate rank, or who have had, in the 
opinion of the state board of education equivalent training, at least 
twenty-five dollars a month more than the rate fixed for teachers hold- 
ing certificates of the rank of first grade secured by examination. 

(b) Advanced salaries shall be the salaries fixed for teachers who 
have taught one or more regular terms of school. Such salaries shall be 
fixed according to the following schedule: 

(1) For teachers who have taught one regular term of school and not 
more than five regular terms, the rate of salary shall be the basic salary 
plus at least three dollars a month for the second term; the basic salary 
plus at least five dollars a month for the third term; and the basic salary 
plus at least seven dollars and fifty cents for the fourth term; and the 
basic salary plus at least ten dollars a month for the fifth term. 

(2) Teachers who have taught five regular terms of school and not more 
than ten regular terms, the rate of salary shall be at least fifteen dollars 
more a month than the rate of the basic salary of teachers holding 
similar credentials. 

(3) For teachers who have taught ten regular terms of school or 
more, the rate of salary shall be at least twenty dollarg a month more 
than the rate of the basic salary for teachers holding similar credentials. 

If a teacher who has taught one or more terms secures a diploma in 
the normal training high school course, the short normal course, the 
standard normal course, or in an approved collegiate course his ad- 
vanced salary shall be increased by at least as much as is allowed for 
such preparation in each case in fixing basic salaries. 

The lowest rate fixed by the foregoing requirements shall be con- 
sidered as the minimum salary in each case or class in the distribu- 
tion of supplemental state aid. 

Basic salaries shall be uniform throughout the district for teachers 
holding similar credentials; and, advanced salaries shall be uniform 
throughout the district for teachers in the same classifications as to 
experience as determined by this act and holding similar credentials. 

Provided that boards of education may fix a higher rate of salary 
than the rates provided herein for teachers who do six weeks' approved 
work during the vacation period in an approved school or secure coupons 
of credit or other marks of advancement that are, in the opinion of the 
state board of education, equivalent to the training received by such 
school attendance, and for first grade teachers who teach one-room 
rural schools. 

And, provided, further, that boards of education in fixing the salaries 
of teachers in independent districts and in incorporated towns and cities 
and in high schools and junior high schools shall determine the rates 



30 School Law of West Virginia 

of salaries to be paid such teachers without regard to the limitations 
and regulations set out in the foregoing paragraphs of this section. 

In determining the number of regular terms of school a teacher has 
taught, boards of education shall credit as regular teaching, service 
in the United States army and navy in the world war, and active work 
in educational positions other than teaching, but no teacher shall be 
given credit for teaching more than one regular term in any school year. 

All acts and parts of acts inconsistent with the provisions of this 
act are hereby repealed. 

NOTE — S'ee salary schedule in appendix page 128. 

Sec. 56. May Appoint District Supervisions. The board of education of 
every district in the state shall have authority to appoint for its district 
a district supervisor of schools and to fix his salary. The salary of a 
district supervisor shall be paid monthly out of the teacher's fund 
of the district. Said board may, subject to the written approval of the 
county superintendent of schools appoint one or more assistant district 
supervisors in districts in which fifty or more principals and teachers 
are employed. 

Provided, further, that the board of education of any district may em- 
ploy a district supervisor for as many months longer than the regular 
school term as may be necessary for him to supervise the construction 
of new buildings, the repairing of old buildings, the improvement of 
school grounds, and to do such other work as may be approved by the 
board. Said iJoard may also co-operate with the extension division of 
the collage of agriculture of West Virginia university in employing the 
district supervisor or another person as agricultural club agent for the 
organization and direction of boys' and girls' agricultural clubs in the 
district; but any district supervisor so appointed shall be under the 
authority and direction of the board of education of the district and he 
shall in no case neglect the work of supervising the schools and of per- 
forming his other duties as district supervisor. It is provided, further, 
that two or more districts in the same county or in adjoining counties 
may appoint a district supervisor jointly, the apportionment of the 
salary and of the time of such supervisor to be arranged according to 
the number of schools in each district. 

Commencing with the year one thousand nine hundred and twenty 
and one thousand nine hundred and twenty-one, no person shall be 
eligible for appointment as district supervisor who does not hold a valid 
supervisor's certificate or its equivalent as defined by the state board of 
education and who is not also a graduate of a standard normal school 
or who has not had other academic and professional training approved 
by the state board of education as equivalent in all respects to gradua- 
tion from a standard normal school; provided, that any person holding 
a first grade teacher's certificate, who has had successful experience in 
supervising schools, and who shall attend a state normal school, or 
some other school approved by the state board of education, for a 
period of six weeks in each year, may upon the recommendation of the 



School Law of West Virginia 



state board of education, be granted by the superintendent 
a provisional license to act as district supervisor, and provided, further, 
that the holder of a life certificate shall be eligible for appointment 
as district supervisor. 

The district supervisor shall be the executive officer of the board of 
education of his district. He shall attend all the meetings of the 
board, except when his appointment, tenure or salary is the order of 
business, and he shall have the privilege of the floor, but he shall have 
no vote. From a list of applicants in the hands of the board of educa- 
tion the district supervisor shall have authority to recommend for ap- 
pointment by the board a sufficient number of principals and teachers 
for the schools of the district, except in incorporated towns and cities 
where superintendents are appointed by the board, and he shall have 
authority to assign to their respective posts of duty all principals and 
teachers so appointed. Said supervisor shall visit the schools of his 
district as often as possible and shall see that the school laws are en- 
forced, that minimum standards of the courses of study prepared by the 
state board of education are maintained, and that all the laws and 
rules of the state board of education relating to the health of school 
children are observed. He shall supervise the methods of instruc- 
tion in the schools and offer such suggestions to teachers as he may 
deem expedient, and he shall have authority to call meetings of the 
teachers as often as practicable. He shall make such reports as the 
state superintendent of schools may require. 

Sec; 57. Shall Appoint Teachers. The board of education shall on or 
before the first Monday in July in each year, if practicable, appoint the 
principals and tachers for all the schools in the district and shall fix 
their salaries as provided by section fifty-six* of this act. All such 
appointments shall be in writing according to the form of contract to be 
furnished by the state superintendent of schools and all such contracts, 
together with the certificates of the appointees, shall be filed with the 
secretary of the board. 

The board of education of any district or independent district may 
suspend or dismiss any principal or teacher so appointed, for immorality, 
incompetency, cruelty, insubordination, intemperance or wilful neglect 
of duty, provided that the charges be stated in writing and that the 
teacher be given an opportunity to be heard by the board upon not 
less than ten days' notice and provided that in all cases when the board 
is not unanimous in its decisions to suspend or dismiss, the principal 
or teacher so suspended or dismissed shall have the right of appeal 
to the state superintendent of schools. It is provided, however, that 
any teacher who enters into a contract with a board of . education to 
teach in a public school and who fails to complete the term of such 
contract, unless prevented from doing so by personal illness or other 
just cause, or unless released from such cctotract by said board, shall be 
disqualified to teach in any other public school in the State during the 
term of such contract. 

If any school is closed by the proper health authorities on account of 
the prevalence of any contagious or infectious diseases, the time during 

* Should read fifty-five. 



32 School Law of West Virginia 

which such school is closed shall be counted as if taught in determining 
whether a school has been maintained for the minimum term, and the 
teacher of such school shall not be compelled to make up such lost 
time provided he held himself in readiness to teach, subject to the order 
of the board. 

In making contracts with teachers or other employees of the board, 
it shall be understood that schools are not to be kept in operation for 
instruction on any Saturday or on the following days which are hereby 
named and designated as school holidays, namely: The Fourth of July, 
commonly called Independence Day; the last Thursday in November, 
commonly called Thanksgiving Day; the twenty-fifth day of December, 
commonly called Christmas Day; any day on which a general election 
is held throughout the State; and any day appointed and set apart by 
the president or the governor as a day of special observance by the 
people of the State. 

The school month shall consist of twenty days on which school is 
kept in session for the full number of hours prescribed by law, but in 
any case where Thanksgiving Day, Christmas Day, or any day on which 
a general election is held shall fall on a school day and school is taught 
on the day preceding or following, such day shall be counted the same 
as taught in the report of the teacher for pay for the school month in 
which it occurs. But schools shall be assembled for instruction on 
Washington's Birthday and shall devote a portion of the day to exer- 
cises commemorating the life and services of the "Father of Our Country." 
Schools may also be assembled for instruction on such days as Arbor 
Day, Labor Day, Memorial Day, the birthday of Abraham Lincoln, Ar- 
mistice Day and other special days and devote a portion of the day to 
appropriate ceremonies, but on such special days the school must be 
kept open for the entire school day to entitle the teacher to pay for 
that day. 

Sec. 58. Shall Have General Control. In accordance with the pro- 
visions of this act and subject to the rules and regulations of the state 
board of education, every district board of education shall have the 
general control and management of all the schools and the school in- 
terests of its district; it shall have authority to change the boundaries 
of sub-districts and increase or diminish the number thereof; and it 
shall, as hereinafter provided, establish high schools. Said board shall 
have authority to close any schools which may be unnecessary and to 
assign the pupils of such schools to other schools, and to consolidate 
two or more small schools into central graded schools to be known as 
"consolidated schools," and to provide a building with all necessary 
equipment therefor. Said board shall also have authority to provide at 
public expense for the transportation of pupils to and from such con- 
solidated schools, or other schools where transportation of pupils may 
be necessary; provided, that such transportation shall be in accordance 
with the rules and regulations of the state board of education relating 
thereto. It is provided, further, that said district board of education 
may close any elementary school whose average daily attendance falls 



School Law of West Virginia 33 



below ten pupils for two months in succession, and shall thereupon direct 
the pupils affected thereby to attend, if possible, another school or other 
schools in the same or in adjoining districts or independent districts, 
whether in the same or in adjoining counties, and the teacher of any 
school so closed or abandoned shall receive no further compensation as 
teacher of such school. It is provided, also, that whenever any child 
or group of children of school age shall, by reason of the provision of 
this act, or for any cause whatsoever, be without opportunity to attend 
a free school as provided by law, within two miles of their homes by 
the shortest available road or path, the board of education of the district 
in which such child or group of children reside, may employ such 
means as to the board may seem best to provide educational oppor- 
tunities to such child or group of children, and may expend for such 
purpose an amount not to exceed the proportion of all the school funds 
of the district that such child or group of children would be entitled to 
receive, if all such funds were distributed equally among all the children 
of school age in the district upon a per capita basis, such expenditure 
to be made according to such rules and regulations as the said district 
board may make therefor. 

Section 58-a. Any one-room school or consolidated school wholly with- 
out an independent district which meets the requirements as hereinafter 
provided for shall be designated as standard school. 

It shall be the duty of the state board of education to fix the require- 
ments for the standardization of one-room schools and consolidated 
schools, and it shall be the duty of the state superintendent of schools 
to publish requirements, to which shall be attached a copy of section 
fifty-eight-a of the school law, and send them to the district boards 
of education, county superintendents and other school officers. 

It shall be the duty of the state superintendent of schools to classify 
the schools which meet the requirements for standardization. 

Standard one-room schools shall be classified as first class and second 
class. Standard consolidated schools shall be classified as first class 
and second class. 

The standard schools shall receive state aid as follows: first-class one- 
room, one hundred and twenty dollars per year; second class one-room, 
one hundred dollars per year; first class consolidated school four dollars 
per pupil, to be paid on average daily attendance, the total amount not 
to exceed eight hundred dollars; second class consolidated school, three 
dollars per pupil, which shall be based on average daily attendance, the 
total amount not to exceed six hundred dollars. It is provided further, 
that the state aid for the standard schools shall be paid out of the 
general school fund to the funds of the district wherein the schools 
are located; that the state superintendent of schools shall annually 
deposit with the treasurer of the district board of education the amount 
provided for the benefit of each approved standard school as herein 
provided."' 

Sec. 59. Transfer of Pupils — Tuition. The board of education of every 
district and independent district shall determine what schools in its 



34 School Law of West Virginia 



district the pupils shall attend. But upon the written request of any 
parent, guardian or other person legally responsible for any pupil or 
pupils, the board of education may transfer such pupils to another school 
in the district, or to a school in an adjoining district or independent 
district, if it can be shown that such pupils would be better accommo- 
dated at tuch other school. Any person aggrieved by the action of a 
district board of education regarding such application for transfer of 
pupils may appeal to the county superintendent of schools, whose de- 
cision shall be final. 

Transfers of pupils from one district or independent district to an- 
other, whether in the same or in adjoining counties shall be made by 
the board of education of the district in which the pupil or pupils de- 
siring to be transferred reside, and the same shall be subject to the 
approval of the board of education of the district or independent dis- 
trict in charge of the schools to which such pupil or pupils wish to be 
transferred, 'n all cases of transfer of pupils, either to elementary 
schools or to high schools, the board of education of the district making 
such transfer shall pay to the board of education to which such trans- 
fers are made, reasonable tuition fees, which for elementary schools 
shall not exceed two and one-half dollars ($2.50) a month, and which 
for high schools shall not be less than two and one-half dollars ($2.50) 
nor more than five dollars ($5.00) a month, the same to be paid out 
of the teachers' fund of the on.e district to the teachers' fund of the other. 
Sec. 60. May Provide Kindergartens. The board of education of any 
district or independent district may establish in connection with the 
schools of such district, kindergarten classes to which may be admitted 
children between the ages of four and six years. 

Persons employed as teachers in such kindergarten classes shall be 
required to hold special kindergarten certificates which shall be issued 
by the state superintendent of schools under regulations prescribed by 
the state board of education. 

Sec. 61. Evening Schools and Other Schools Extension Activities. 
The board of education of any district or independent district shall have 
authority to establish and maintain evening classes or night schools, 
continuation or part-time day schools, and vocational schools wherever 
practicable to do so, and shall admit thereto adult persons arid all other 
persons, including persons of foreign birth, but excepting children and 
youth who are required by law to attend day schools. Boards of edu- 
cation shall have the authority to use school funds for the financial 
support of such schools and to use the school houses and their equip- 
ment for such purposes. Any such classes of schools shall be con- 
ducted in accordance with the rules and regulations of the state board 
of education. 

The board of education of any district or independent district shall 
have authority also to provide for the free, comfortable, and convenient 
use of any school property to promote and facilitate frequent meetings 
and associations of the people in discussion, study, recreation and other 
community activities, and may require, assemble and house material for 



School Law of West Virginia 35 

use in the study of farm, home, and community problems and may 
provide facilities for the dissemination of information useful on the 
farm, in the home, or in the community. 

Sec. 62. Shall Provide School Libraries. The board of education of 
every district and independent district may provide libraries for their 
schools and may purchase books, bookcases and other things necessary 
therefor, and shall pay the costs of such libraries out of the school funds 
of their districts. Books so' purchased, except in independent school 
districts and in high schools, shall be selected from an approved list 
to be prepared and published from time to time by the state superin- 
tendent of schools. It is provided, however, that books not included in 
such list may be purchased upon the written approval of said superin- 
tendent. 

Boards of education of such districts shall have authority to employ 
during the vacation period, a librarian for any school having fifty vol- 
umes or more and to pay such librarian out of the school funds of 
the district, an amount not to exceed one ($1.00) dollar a day for each 
day such library is kept open, by order of the board. Any librarian so 
appointed shall keep the library open at least one day a week, at which 
time the patrons and pupils of the school may draw books from the 
library under such rules and regulations for the care and return thereof 
as the board may make. 

Sec. 63. May Display United States Flag. Every board of education 
shall have authority to purchase, out of the building fund. United States 
flags of regulation bunting for the school buildings of the district and 
to require the same to be displayed over such school buildings during 
the time the schools are in session. 

Sec. 64. Medical Inspection and School Nurses. Boards of education of 
independent school districts shall, and boards of education of districts 
may, employ proper medical and dental inspection of all pupils attend- 
ing the schools of their districts. 

Boards of education of districts and independent districts shall also 
have authority to employ school nurses and to take any other action 
necessary to protect the pupils from contagious and infectious diseases, 
including the authority to require from all teachers employed in their 
districts, certificates of good health and of physical fitness for the work 
of instruction in the schools. 

Section 64-co. The board of education in any school district may, at 
its discretion, establish and maintain dental clinics or courses for teach- 
ing mouth hygiene; and may provide for and furnish treatment, if re- 
quested by the parent or guardian or deemed necessary by the board of 
education, of such children who have defective teeth or mouth con- 
ditions, and who shall be found by such board of education, or persons 
deputized for that purpose, to be unable otherwise to procure such treat- 
ment. Any expense incurred in connection herewith shall be paid out 
of the maintenance building fund of said district. 

Sec. 65. Free Text Books. The board of education of any district or 
independent district may purchase the necessary text-books prescribed 



36 School Law of West Virginia 

to be used in the free schools under their control and furnish the same 
free to the pupils of said schools, or to pupils whose parents, in the 
judgment of the board, are financially unable to provide such books. 
If the board of education determines to purchase and furnish such free 
text-books, they shall enter an order to that effect upon the records and 
shall cause said books to be purchased and kept in charge by the secre- 
tary and furnished to the pupils of free schools of their district as 
hereinafter provided. 

At the commencement of every term of the free schools in such dis- 
trict the secretary shall deliver to the teachers thereof such books as 
may be necessary for the use of the several pupils therein for the en- 
suing term of school and take from them receipts showing the number 
and kind of books so received. It shall be the duty of such teachers to 
take charge of such books and to distribute them among the pupils of 
their schools as needed, and said teachers shall have and exercise gen- 
eral control over said books during such term and at the close thereof 
and before they receive an order for salary for the last month of such 
term shall collect and gather together all the books so used during the 
term and deliver them to the secretary of the board of education; pro- 
vided, that if any of the books delivered to any pupil of such district 
shall be unnecessarily injured or destroyed they shall be replaced by 
the pupil who injured or destroyed them. All such books shall be pur- 
chased by the board of education directly from the publisher, contracted 
with as prescribed by law and at the net wholesale price. Provided, 
however, that the teacher shall be allowed pay for a period of two days 
at the same rate of pay for which he is teaching, and also be furnished 
means of transportation for going after and returning the text-books for 
the school, the same to be paid out of the building fund of the district, 
in which he teaches, on the return of the books to the school board's 
depository. 

Sec. 66. May Establish Teachers' Retirement Fund. Boards of edu- 
cation of districts and independent school districts shall have authority 
to establish and maintain a Teachers' Retirement Fund for the teachers 
of their districts, the administration of such fund to be in accordance with 
the rules of the state board of education relating thereto. Any board 
of education which provides such retirement fund shall have authority 
to maintain the same out of the teachers' fund in accordance with said 
rules. 

Sec. 67. Shall Provide Schools for Colored Pupils, White and colored 
pupils shall not be taught in the same school, or in the same building, 
but it shall be the duty of the board of education to establish one free 
school, or more if necessary, in any sub-district wherein there are ten 
or more colored persons of school age and, if practicable, in any dis- 
trict wherein there are fewer than ten. For the purpose of carrying 
out this section the board of education may establish schools composed 
of pupils from adjacent districts in the manner provided in section 
fifty-nine* of this chapter for white pupils. 

♦Refers to section fifty-one. 



School Law op West Virginia 37 

Whenever, in any school district, the benefit of a free school education 
is not secured to the colored children of school age residing therein in 
the manner mentioned in this section, the funds applicable to the sup- 
port of the free schools in such district shall be divided by the board 
of education in the proportion which the number of colored children 
bear to the number of white children therein, according to the last 
enumeration made for school purposes, and the share of the former 
shall be set apart for the education of colored persons of school age 
in such district, and be applied for the purpose from time to time in 
such way as the board of education may deem best. Any board of 
education failing to comply with this section may be compelled to do 
so by mandamus. 

Sec. 68. Other Duties. The district board of education shall exercise 
such other authority and perform such other duties as may be pre- 
scribed by law or by the regulations of the state board of education. 

Sec. 69. Secretary of District Board of Education — General Duties — 
The district board of education at its first meeting to be held on the 
first Monday in July of each year, shall appoint a secretary who shall 
not be a member of the board, and who shall, before entering upon the 
discharge of his duties, take the oath prescribed by law, and shall at- 
tend all meetings of the board, and record their official proceedings in 
a book kept for that purpose, showing the number of each order issued, 
the name of the payee, the purpose for which issued, and the amount 
thereof, which record shall be attested by his signature and the signature 
of the president of the board. He shall have the care and custody of 
all papers belonging to the board, including evidences of title, contracts 
and obligations and shall preserve the same in his office properly ar- 
ranged for reference; and he shall record and keep on file in 'his office 
s.uch papers and documents pertaining to the business of the board and 
keep such accounts and prepare and certify such reports and writings 
as the law may require or the board direct, all of which records, pa- 
pers, contracts, documents and other property pertaining to his office 
shall be immediately delivered in proper condition to his successor in 
office. Whenever any orders are drawn on the sheriff or school treas- 
urer, the secretary shall immediately make up a list of said orders, 
showing the number of each order, the name of the payee and the 
amount, which list together with said orders shall be delivered to the 
county financial secretary for his signature and proper record. Said 
orders shall then be delivered by the county financial secretary to the 
persons entitled to the same. 

Sec. 70. Abstract of Proceeding. The secretary of the board of educa- 
tion of each district shall, within three days after each meeting of the 
board of education, post an abstract of the proceedings thereof at the 
front door of the place of meeting, and within ten days after the annual 
settlement with the sheriff the secretary of the board of education of 
each district and independent district shall post at the same place an 
itemized statement, duly sworn to by the president and the secretary 



3S School Law of West Virginia 



of the board, showing all disbursements by the board of education by 
orders drawn on the sheriff, or otherwise, within the school year pre- 
ceding, from the teachers' fund, and any other fund from which dis- 
bursements are made, setting forth the name of the person to whom 
and the purpose for which each order was issued. 

Sec. 71. Administer Oaths, The secretary of a board of education shall 
have authority to administer oaths to school officers and to teachers or 
others making reports. 

Sec. 72. Assessor's Certificate. The assessor shall make out and de- 
liver to the secretary of the board of education of each district and in- 
dependent district in his county on or before the second Tuesday in 
August in each year a certificate showing the aggregate valuation of all 
personal property and real estate in such district or independent dis- 
trict, and to the county superintendent of free schools a certificate of 
the aggregate valuations of such property in the county, which certifi- 
cates shall serve as the basis for the school levies for the ensuing year. 

Sec. 73. Report Rate of Levy. Within five days after the district board 
of education has laid the levy for the building fund and the teachers' 
fund it shall be the duty of the secretary to report the rate thereof to 
the county superintendent and the proper assessor, and within five days 
thereafter it shall be the duty of the county superintendent to report 
the rate of levy for the various funds to the clerk of the county court 
and the county assessor and the rate of levy for all funds, and the 
total valuation of real and personal property in each district and inde- 
pendent district to the state superintendent and the auditor; and it shall 
thereupon be the duty of the proper county officer to extend on the 
personal property book and on the land book the amount of taxes levied 
as aforesaid, in separate columns, headed respectively, building fund, 
and teachers' fund, which taxes the sheriff shall collect and account for 
as required by law. 

Sec. 74. Penalty. Any assessor, clerk of the county couit, secretary of 
a board of education, or county superintendent who fails to perform 
the duties required of him by sections seventy-three and seventy-four* 
of this act shall be guilty of a misdemeanor and upon conviction thereof 
shall be fined twenty dollars. 

Sec. 75. Report. From the reports of trustees, the teacher's registers, 
the annual settlement with the sheriff, and from such other information 
as he may be able to obtain, the secretary shall make a tabular report 
to the county superintendent on or before the twentieth day of July 
annually, showing all the statistics and other facts required in blanks fur- 
nished by the state superintendent and such explanations and remarks 
as he may deem pertinent. 

Sec. 76. Salaries of Secretaries. Secretaries of district boards of edu- 
cation shall receive annually as compensation for their services the 
following amounts: In districts having fewer than fifteen schools, they 
shall receive forty dollars; in districts having as many as fifteen but 
fewer than twenty-five schools, they shall receive seventy-five dollars; 

*Rcfers to soetion seventy-two. 



School Laav of West Virginia 39 

in districts having as many as twenty-five schools but fewer than fifty 
schools, they shall receive one hundred dollars; and in districts having 
fifty schools or more they shall receive one hundred and twenty-five 
dollars, and in addition two dollars for each school over fifty. '•Pro- 
vided, that in any magisterial district, which may have an assessed 
value of property therein, of fifteen million dollars, or more, and in 
which there are more than one hundred and twenty-five schools, the 
board of education of such district can pay to the secretary thereof a 
compensation to be fixed by it, not, however, to exceed the sum of 
fifteen hundred dollars for each year, payable in monthly installments." 

Such compensation shall be paid in four equal installments on the 
first day of October, January, April and on the twentieth day of July, 
provided, that the last named installment shall not be paid until all 
reports have been made and duties performed as required by law for 
the preceding year. 

Sec. 77. Other Duties. The secretary of the district board of educa- 
tion shall exercise such other authority and perform such other duties as 
may be prescribed by law. 

DISTRICT AND COUNTY HIGH SCHOOLS 

Sec. 78. District High Schools — How Established. If the board of 
education cf any district, or independent district, deems it expedient to 
establish a high school in such district, it shall submit the question to the 
voters of the district at a general or special election jn the manner fol- 
lowing, that is to say: The board shall prepare and sign a notice set- 
ting forth the kind of school proposed; the estimated expense of estab- 
lishing the same, including cost of site, building, furniture, books and 
apparatus and the estimated annual expense of supporting the school 
after it is in operation, with such other information concerning it as 
the board may deem proper; and stating that the question of authorizing 
the establishment of such high school shall be submitted to the voters 
of the district at the election specified in the notice. Such election 
shall be held according to the provisions of section one hundred eighty- 
seven* of this act. The ballots used in voting on the question of 
establishing a district high school shall have printed thereon the phrase 
"For district high school" and the phrase "Against district high school." 
If it is found by the results of cuch election that a majority of the voters 
who voted on the question are in favor of authorizing the establish- 
ment of a district high school, the board of education of the district shall, 
at the proper time, proceed to lay the necessary levies therefor, as pro- 
vided by law, and to obtain a site or sites, erect, furnish, and equip a 
building or buildings for high school purposes, and employ the necessary 
teachers therefor. Every district and independent district high school 
which may be established under the provisions of this section, and every 
district and independent district high school lawfully established when 
this act goes into effect, shall be under the control and management of 
the board of education of the district or independent district in which 



40 School Law of West Virginia 

such high school is located, and shall be supported by a levy laid for 
that purpose by such board of education according to law, and by such 
other revenues as may be in the high school fund of the district. 

Sec. 79. Joint District High Schools. The boards of education of two 
or more contiguous districts, or contiguous districts and independent 
districts, in the same or adjoining counties may, if authorized so to do 
by a vote of the people of each of such districts, establish and maintain 
jointly a high school in any one of such contiguous districts. The build- ' 
ing or buildings for such joint high school, if any are to be erected, and 
the site therefor, shall be owned jointly in proportion to the amount con- 
tributed by the districts so uniting. The boards of education of such 
districts shall submit the question to the voters of the respective dis- 
tricts at a general or special election in the manner required by sec- 
tion one hundred eighty-four of this act. 

The boards of education of the districts proposing to unite shall meet 
and determine the location of the proposed school, the estimated amount 
to be contributed toward the establishment and yearly maintenance of 
said school by each district, the total cost thereof to be apportioned 
among the districts uniting on the basis of their respective valuations of 
taxable property, which agreement shall be reduced to writing and en- 
tered of record in the minute book of the respective boards, and the sub- 
stance of which shall be made a part of the statement to the voters 
as hereinbefore provided for. 

The control and management of said joint high school, after the 
same Is established, is hereby vested in the boards of education of 
the several districts so uniting to be exercised in joint session. When 
the boards sitting in such joint session are of districts in the same 
county the county superintendent of schools shall be ex-officio a mem- 
ber and chairman thereof, and as such shall be entitled to vote and 
participate in the control and management of said joint high school. 
When said boards are of districts in adjoining counties, the county super- 
intendents of such adjoining counties shall be ex-officio members of said 
joint session with the rights and privileges belonging to other members 
thereof; but a chairman shall be elected by the members of the joint 
session from among their number. There is hereby conferred upon each 
board of education full authority for the establishment and maintenance 
of such joint high school, the election to be held and the result to be 
ascertained as provided in section one hundred eighty-four, of chapter 
two, acts of one thousand nine hundred and nineteen, and all of the pro- 
visions of said section, so far as the same is applicable, are made appli- 
cable to the establishment and maintenance of such joint high school, 
except that a majority of the voters of each district shall be sufficient 
to authorize the establishment of such high school. 

Said boards of education, in joint session as herein provided, may au- 
thorize the teaching of elementary pupils in such high school building, 
upon such terms for the use of the building as they may determine. 

Sec. 80. Normal Training in High Schools — State Aid. Whenever in 
the judgment of any county high school board or of any county, district 
or independent district board of education in whose district a high school 



School Law of West Virginia 41 

is maintained, it is advisable to provide for the better training of the 
teachers in the elementary schools of its county or district, such county 
high school board, district board of education or independent district 
board of education shall have the authority to establish and maintain a 
normal training department in conection with any high school under 
its control, to provide necessary rooms, furniture, equipment and sup- 
plies and to employ teachers therefor. 

It shall be the duty of the state board of education to prescribe a 
course of study for such normal training departments, td determine 
the number and qualifications of teachers to be employed therein, and 
to establish such other regulations and requirements for their conduct 
as they may deem best; and when a normal training department has 
been' established in any high school in accordance with the regulations 
and requirements of the state board of education and has been approved 
by said board, such high school shall be designated and known as a 
normal training high school. The state board of education shall 
on or before the first day of October annually, report the num- 
ber and location of high schools approved by it as normal training 
high schools, to the state superintendent of schools. Normal train- 

ing high schools so approved shall be entitled to receive, in ad- 
dition to the state aid now provided by law for classified high schools, 
the sum of one thousand dollars annually, the same to be paid out of ap- 
propriation for clasified high schools at the time and in the manner 
prescribed by law for the payment of state aid to classified high schools, 
and to be used for the maintenance of normal training departments of 
such high schools and for no other purpose; provided, however, that not 
more than twenty high schools in the state shall receive aid as normal 
training schools at one time; and provided, further, that such state aid 
shall not be given in support of any such normal training department 
of any high school located in any county in which a state normal 
school or other state school maintaining such normal training course 
is located. 

Sec. 81. Payment of High School Tuition. It shall be the duty of the 
board of education in any district which does not maintain a high 
school or assist in the maintenance of a county high school to pay the 
tuition fees of all pupils in its district who have completed the course 
of study in the elementary schools and who attend public high schools 
in other districts or counties, or other schools of high school grade 
within the state; provided, that boards of education shall not pay 
less than two dollars and fifty cents ($2.50) nor more than five dollars 
($5.00) per month for such tuition for each pupil attending such high 
school, or other school of high school grade; provided, further, that 
iDoards of education shall not be required to pay such tuition fees for 
any pupil for more than four years. 

A board of education maintaining a high school having courses of study 
of less than four years shall in like manner pay for the tuition of pupils 
who have completed a course in such school and who desire to com- 
plete a four-year course in some other high school, or other school of 
Tiigh school grade, offering such course. 



42 School Law of West Virginia 

Fees for the tuition of high school pupils shall be paid out of the 
teachers' fund of the district upon the presentation of a certificate 
giving the names of the pupils for whom tuition fees are due and the num- 
ber of months each was in attendance, said certificate to be signed by the 
president of the board of education or other board controlling the high 
school or other school in which tuition pupils were in attendance and 
by the principal of the school. 

Sec. 82. Classification of High Schools — State Aid. la) The high 
schools of this State shall be divided into three classes as follows: 

High schools of the first class shall include all high schools offering 
courses of study covering four years of not less than thirty-six weeks each 
and employing not fewer than three thoroughly qualified high school 
teachers who devote all of their time to the teaching of high school 
subjects. 

High schools of the second class shall include all high schools offering 
courses of study covering three years of not less than thirty-six weeks 
each and employing not fewer than two thoroughly qualified high school 
teachers who devote all of their time to the teaching of high school 
subjects. 

High schools of the third class shall include all high schools offering 
courses of study covering two years of not less than thirty-six weeks 
each and employing at least one thoroughly qualified high school 
teacher who devotes all of his time to the teaching of high school 
subjects. 

(b) It shall be the dvity of the State Superintendent of Schools ta 
classify all of the high schools of the state in accordance with the pro- 
visions of division (a) of this section. 

(c) To assist in the maintenance of all such high schools as have been 
properly classified according to the provisions of division (a) of this 
section and have complied with all the requirements thereof, the follow- 
ing amounts from appropriations to be made for that purpose shall be 
paid annually out of the state fund. 

To each high school of the first class, $800.00; to each high school of 
the second class, $600.00; and to each high school of the third class, 
$400.00. 

(d) The state superintendent of schools shall not later than the 
first day of December, annually, notify the county superintendent of 
schools of each county as to the amount due under the provisions of 
this section to each of the classified high schools in his county. The 
county superintendent shall issue his warrants upon the auditor, pay- 
able to the order of the sheriff of his county, for the amount due each 
school which shall be paid in two equal installments, payable on the 
first day of December and the first day of April. 

Sec. 83. District and County Boards May Erect Dormitories for High 
Schools. Any county high school board desiring to provide a dormi- 
tory for the accommodation of pupils attending a high school under 
their supervision and of persons employed to teach therein, shall have 
authority, subject to the approval of the state superintendent of schools, 
to lay a levy of not more than eight cents on each one hundred dollars- 



School Law of West Virginia 43 

valuation of taxable property in the county for the erection, purchase or 
lease of a building for dormitory purposes and for the equipment of 
the same. Any district board of education maintaining a high school 
and desiring to provide a dormitory shall have authority, subject to 
the approval of the state superintendent of schools, to erect, purchase 
or lease a building for dormitory purposes and to equip the same out 
of the new building fund of the district. Provided, further, that any 
county, district or districts may join with any independent school dis- 
trict in erecting, purchasing or leasing any buildings or grounds for 
high school dormitory. 

The buildings and grounds to be owned jointly in proportion to the 
amounts contributed by the districts so uniting. 

The boards proposing to unite, together with the county superin- 
tendent, shall meet and determine the estimated amount to be con- 
tributed toward the establishment and yearly maintenance of said 
dormitory by each district, which agreement shall be reduced to writing 
and entered of record in the minute books of the respective boards, a 
copy of which shall be submitted to the state board of education for their 
approval. If said state board of education disapproves of said agree- 
ment there shall be nothing further done with regard to such joint dormi- 
tory, until such time as the boards proposing to unite and the state 
board of education shall agree on the terms and conditions by which they 
may unite. 

The control and management of said dormitory after the establish- 
ment of the same, is hereby vested in the boards of education of the 
several districts so uniting, to be exercised in joint session, the county 
superintendent of schools to be ex-officio a member and chairman of said 
joint session, and as such entitled to vote and participate in the control 
and management of said dormitory, there is hereby conferred upon 
each board of education all of the authority for the erection and main- 
tenance of said joint dormitory by levy, issue of bonds, or otherwise, 
that is conferred upon a board for the establishment and maintenance of 
a high school within its district. 

Said county high school board or district board of education shall 
place a reputable and responsible person or perssons in charge of such 
dormitory to conduct the same and furnish meals and lodging to pupils 
and teachers resident therein and shall determine the rate that shall 
be charged pupils and teachers for such accommodations. The per- 
son or persons in charge of such dormitory shall be required to give 
bond in the sum of one thousand dollars ($1,000.00) for the proper care 
and use of the dormitory and its equipment and supplies. 

Sec. 84. High School IVIay Be Discontinued. Any district high school 
shall be discontinued at the end of any year upon the petition in writing 
of at least seventy-five per cent of the taxpayers of the district. 

Sec. 85. Junior High School?. County boards of education and boards 
of education of school districts and independent school districts shall 
have the authority to organize intermediate schools, or junior high 
schools, in connection with any or all schools under their control. Such 



44 School Law of West Virgixia 

schools may be organized as a part of a six-three-three plan of school 
organization or of any other plan recommended by the state board of 
education. It shall be the duty of the state board of education to pre- 
scribe courses of study for such intermediate or junior high schools, to 
prescribe requirements for teachers employed in the same, and to 
establish any other regulations for such schools that may seem to the 
board advisable. 

TEACHERS 

Sec. 86. Contracts. Before entering upon their duties all teachers, 
principals, and assistants shall execute a contract with their boards of 
education, or trustees as the case may be, which contract shall state the 
duration of time of such employment and the salary to be paid, and shall 
be in the form prescribed by the state superintendent of schools. Every 
such contract shall be signed by the teacher and by the president and 
the secretary of the board of education, and when so signed said contract 
shall be filed together with the certificate of the teacher, by the secre- 
tary in the office of the board. A violation of such contract shall sub- 
ject the teacher to the penalties prescribed in section fifty-eight* of 
this act. 

Sec. 87. Teachers' Authority. The teacher shall stand in the place of 
the parent or guardian in exercising authority over the school and shall 
have control of all the children enrolled in the school from the time they 
reach the school until they have returned to their respective homes, ex- 
cept that where transportation of pupils by wagon, autobuss, or other 
conveyance is provided, the driver in charge of such conveyance shall 
exercise such authority and control over the children while they are in 
transit to and from the school. Subject to the rules of the state board of 
education, the teacher of the school, or the principal of a graded or 
high school, shall exclude from the school any pupil or pupils known 
to have, or suspected of having, any contagious or infectious disease, or 
any pupil or pupils who have been exposed to such disease, and shall 
Immediately notify the proper health officer, or medical inspector, of 
such exclusion; and any pupil so excluded shall not be re-admitted to 
the school by the teacher or principal thereof until such pupil has com- 
plied with all the requirements of said rules governing such cases, or 
has presented a certificate of health signed by the medical inspector or 
other proper health officer. 

The teacher shall also have authority, under the rules and regula- 
tions of the state board of education, to suspend any pupil guilty of 
disorderly, refractory, indecent, or immoral conduct, and the district 
board of education may expel or exclude any such pupil if, on investi- 
gation, the conduct of such pupil is found to be detrimental to the 
progress and the general conduct of the school. 

Sec. 88. Teachers Exempt from Serving on Juries. No teacher, super- 
intendent, supervisor, principal, or other person actively engaged in 
♦Refers to section fifty-seven. 



School Law of West Virginia 45 

school work in this State shall be required to serve on any jury during 
the period of his contract with the hoard of education. 

Sec. 89. Records and Reports. Every teacher, principal, supervisor, 
or other person employed by a district or independent district board 
of education shall keep such records and shall make such reports as 
may be required by the state superintendent of schools and such records 
shall be kept and such reports shall be made according to the forms 
and blanks prescribed and furnished by said state superintendent. 
Teachers shall also keep such other records and make such other re- 
ports as may be required by the board of education employing them. 

Sec. 90. Payment of Teachers. All teachers and other employees of a 
board of education, or trustees as the case may be, whose salaries 
are payable out of the teachers' fund, shall be paid for their services 
monthly by orders drawn upon the sheriff or treasurer, duly signed by 
the president and secretary of the board and countersigned by the 
county financial secretary; provided, that if the secretary of the district 
board of education be a teacher, the order for his salary shall be signed 
by the president and one of the school commissioners of the board; and 
provided, further, that the board may withhold the monthly salary of 
any teacher or other employee until he has first made such report or 
reports as may be required by the state superintendent of schools, and 
no teacher shall receive his salary for the last month of the term of his 
contract with the board of education until he has first presented to 
the secretary of the board in correct form all reports required by law. 

Sec. 91. Enumeration. The teacher or teachers in each sub-district 
shall annually before the close of the school or schools therein, and not 
later than the first day of April, take and repeat an enumeration of all 
the youth residing in the sub-district who will be between the ages of 
six and twenty-one on the first day of July, following, distinguishing 
between males and females, and between white and colored. 

Sec. 92. How Enumeration Shall be Taken and Reported. The enumer- 
ation shall be taken and reported in separate classes, as follows: 

(1) All youth who on the first day of July following will not be less 
than six nor more than twenty years of age; 

(2) All youth who on said date will be not Less than six nor more 
than sixteen years of age; and 

(3) All youth who on said date will not be less than seven nor more 
than fourteen years of age. 

(4) All youth over fourteen and under sixteen years of age. 

The report of enumeration shall be verified by the affidavit of the 
person who made it to the effect that he used all means in his power 
to make it; and that he believes it to be correct. He shall deliver 
such report to the secretary of the board of education with the term 
report of the school or not later than the first day of April, and, unless 
such enumeration be properly taken and reported by the teacher within 
the time required herein, the secretary shall deduct from the last month's 
salary of such teacher such amount as may be necessary to defray 
the expenses of taking said enumeration as hereinafter provided for. 



46 School Law of West Virginia 

Sec. 93. Secretary to Have Enumeration Taken. When the report 
of such enumeration for any sub-district is not received by the secretary 
of the board on or before the first day of April in any year, it shall be 
his duty forthwith to employ a competent person to take and report the 
same as aforesaid. The person taking and reporting such enumeration 
shall receive reasonable compensation for the time actually and neces- 
sarily spent in taking and reporting such enumeration, by an order of 
the board on the sheriff, the same to be paid out of the teachers' fund 
of the district. 

Sec. 94. Record and Report of Enumeration. The secretary of the 
district board of education shall keep in his office a record of, the enumer- 
ation of youth so taken, and shall annually, on or before the fifteenth 
day of April, transmit a summary of such enumeration to the county 
superintendent of schools, who not later than the first day of May, shall 
forward to the state superintendent of schools a summary by districts 
and independent districts of the enumeration so taken and reported in 
his county. 

Sec. 95. Other Duties. Teachers shall exercise such other authority 
and perform such other duties as may be prescribed for them by law 
or by the rules of the state board of education. 

EXAMINATIONS AND CERTIFICATE 

Sec. 96. Certificates Required of all Teachers — Minimum Age. No 
person shall be employed to teach in the free schools of this State or re- 
ceive for teaching any part of any free school fund who does not at the 
time he enters upon his duties hold a valid teacher's certificate, cov- 
ering the period of his employment; and under no circumstances shall a 
certificate to teach be granted to any person who is not of good moral 
character and physically and mentally qualified to perform the duties 
of a teacher and who shall not have attained the age of eighteen years 
on or before the first day of October of the year in which his certificate 
is issued. 

Sec. 97... Time and- Place of Holding Examinations. The general 
regulation, direction and control of all matters relating to the exami- 
nation of applicants fOr teachers' certificates, including the preparation 
of questions, the grading of manuscripts, the granting and issuing of 
certificates, and all other powers necessary for the proper examination 
of applicants for teachers' certificates shall hereafter be vested in the 
state superintendent of free schools, who shall designate the time for 
holding examinations simultaneously in all the counties of the State, 
at such places and in such buildings as the county superintendent shall 
designate, subject to the approval of the state superintendent. 

Sec. 98. Expenses. For the preparation and printing of questions, for 
the grading of manuscripts, for postage and express charges, for the ad- 
ditional clerical work necessary, the state superintendent of schools 
shall be allowed annually an amount to be recommended by him, which 
amount shall be set apart and appropriated by the Legislature from the 
general school fund for such purpose. 



School Law of West Virginia 47 

Sec. 99. Assistants. The county superintendent shall conduct all ex- 
aminations as directed by the state superintendent, and chall have au- 
thority to appoint one or more qualified persons to assist him when 
necessary to the proper conduct of the examination, who shall receive 
four dollars ($4.00) a day for not more than two days in helping con- 
duct such examination, and shall be approved in advance of their ap- 
pointment by the state superintendent. But nothing herein contained 
shall prevent the state superintendent from sending a competent per- 
son to, supervise such examinations if he deem it expedient to do so. 

Sec. 100. Fees. Each applicant at the time of enrollment for any ex- 
amination, or for the renewal of a certificate shall pay to the county 
superintendent a fee of one dollar. Out of the aggregate of all fees 
collected by the county superintendent he shall pay his assistants and 
other legitimate expenses of conducting such examination. Within ten 
days after each examination, the county superintendent shall make and 
transmit to the auditor of the State a detailed and certified report of the 
number of applicants for certificates, the amount of fees collected by him, 
the amount paid out for expenses, and the balance remaining, which bal- 
ance shall be transmitted with the report, to be placed by the auditor 
to the credit of the general school fund. At the same time, he shall 
transmit to the state superintendent of schools a duplicate of the report 
made to the auditor, together with receipts for all money paid for ex- 
penses. 

All applicants for certificates upon graduation or other credentials shall 
pay a fee of one dollar to the state superintendent of schools, who shall 
transmit the same to the auditor of the State to be credited to the gen- 
eral school fund. 

Sec. 101. Transmitting Questions and IVIanuscripts. The state super- 
intendent of schools shall provide for the preparation of questions for 
said examinations and for their transmission in securely sealed packages, 
to the county superintendent of each county. The county superintendent 
shall open the packages of questions in the presence of his assistants 
and the assembled applicants, and shall conduct such examinations in 
the manner prescribed by the state superintendent. At the conclusion of 
the examination, the county superintendent shall forward the manu- 
scripts in securely sealed packages to the state superintendent, together 
with such information, statements or affidavits as the state superin- 
tendent may require. No person who is known to be of immoral char- 
acter, or to be addicted to drunkenness, of who shall not have attained 
the age of eighteen years on or before the first day of October of the 
year in which said examination is held, shall be admitted to said exami- 
nation. 

Sec. 102. Grading of IVIanuscripts. Within a reasonable time after the 
receipt of the aforesaid manuscripts, it shall be the duty of the state 
superintendent to have them examined and graded by competent persons 
who are actively engaged in school work, such persons to be appointed by 
him for this purpose, and to issue certificates based thereon; provided, 
that not more than one certificate of the same kind and grade shall be 
issued to an applicant in any school year; but the state superintendent 



48 School Law of West Virginia 

shall forward to each applicant taking more than one examination in 
the same year, a statement of the grades made by him in each examina- 
tion taken; and in making up his certificate the applicant shall be given 
the benefit of his highest grade in each subject. Such certificate when 
so issued shall be forwarded by the state superintendent to the proper 
county superintendent, who shall countersign it and deliver it to the 
person entitled thereto; provided, that the state superintendent 
of schools may refuse to issue a certificate to any applicant whom he 
believes to have been guilty of giving or receiving assistance in the 
preparation of any manuscripts or of any other act which would war- 
rant or justify the revocation of such certificate. 

The state superintendent and each county superintendent shall keep 
a record of all certificates issued, showing the kind and grade of each 
certificate and the date of issue thereof; and the state superintendent and 
each county superintendent, upon vacating his office shall deliver said 
record to his successor. 

Sec. 103. Misdemeanor. If any person intentionally opens or attempts 
to open a package containing questions for an examination before the 
time fixed by the state superintendent of schools for the distribution of 
such questions, or has any of the questions in his possession without 
authority of law or in any way makes any change, alteration or erasure 
in any manuscript after it has been submitted to those in charge of 
the examination, or makes any fraudulent substitution for any manu- 
script during or after the examination, or passes or attempts to pass any 
such examination under an assumed name, or intentionally and fraudu- 
lently gives or receives aid in passing an examination, he shall be 
guilty of a misdemeanor and upon conviction thereof shall be fined not 
less than twenty-five dollars ($25.00) and confined in jail not less than 
thirty days. If any county superintendent or examination assistant wil- 
fully violates any of the official instructions issued by the state superin- 
tendent for the conduct of examinations, he shall be guilty of a misde- 
meanor and upon conviction thereof shall be fined not less than twenty- 
five dollars ($25.00) and may be confined in jail not less than ten nor 
more than thirty days, and such conviction shall vacate his office. 

Sec. 104. Elementary Certificates. Subject to all conditions set forth 
in this section, first grade elementary certificates valid for a period of 
five years shall be issued to all applicants who are otherwise qualified 
and who attain a general average of ninety per cent, with no subject 
below seventy-five per cent; second grade elementary certificates valid 
for a period of three years shall be issued to applicants who are other- 
wise qualified and who attain a general average of eighty per cent, 
with no subject below sixty-eight per cent; and third grade elementary 
certificates valid for on e year shall be issued to applicants who are other- 
wise qualified and who attain a general average of seventy per cent, 
with no subject below sixty per cent; provided, that the third grade 
certificate shall not be issued more than twice to the same person. 

The subjects in which the applicants for said certificates shall be ex- 
amined, or otherwise qualified according to law, shall be reading, spell- 
ing, writing, English grammar and language, arithmetic, physiology and 



School Law of West Virginia 49 

hygiene, United States and West Virginia history, general and West Vir- 
ginia geography, civil government, theory and art of teaching, elemen- 
tary agriculture, and such other subjects as the state hoard of educa- 
tion shall from time to time prescribe. 

It is provided, however, that on and after the first day of July, one 
thousand nine hundred and twenty-two, applicants for the first grade 
elementary certificate shall, in addition to the foregoing, be required to 
satisfy the following conditions as to academic and professional attain- 
ments, that is to say: 

(1) After the first day of July, one thousand nine hundred and 
twenty-two, applicants for first grade certificates shall have had at least 
one year of high school work and nine weeks study of professional 
subject. 

(2) After the first day of July, one thousand nine hundred and twenty-, 
four, applicants for first grade certificates shall have had at least two 
years of high school work and eighteen weeks study of professional 
subjects. 

(3) After the first day of July, one thousand nine hundred and twenty- 
six, applicants for first grade certificates shall have had at least three 
years high school work and twenty-seven weeks of study of professional 
subjects. 

The state superintendent of free schools shall, at the time for holding 
regular examinations, hold examinations on subjects included in the 
normal training high school course of study and shall keep a record of 
the grades obtained in such examinations in his office. Such grades shall 
be accepted in lieu of grades obtained by school attendance in satis- 
faction of the requirements of this section. 

The state board of education may prescribe other equivalents and sub- 
stitutions which shall be accepted in satisfaction of the foregoing re- 
quirements for high school and professional work. 

The state superintendent of free schools shall have authority to issue 
normal school certificates valid for five years to graduates in the standard 
normal course of any state normal school, or other school approved for 
the offering of thi's course, to graduates in the normal course of the 
Bluefield colored institute and of the West Virginia collegiate institute, 
and to persons who have completed a normal course of study in any 
school of another state, which in the judgment of the state board of 
education, is equivalent in all respects to the standard normal course of 
study ita the state normal schools of this state. 

The state superintendent of free schools shall have authority to issue 
a temporary second grade certificate to a graduate of a first class high 
school or of a school of equal grade who meets the general certificate 
requirements in the school law. He shall also have authority to issue 
a first grade temporary certificate to such person on the presentation 
by the applicant of evidence of having done satisfactory work ita educa- 
tional subjects in an approved school for not less than six weeks. An 
applicant for a temporary certificate shall present the recommendation 
of the principal or superintendent of the school from which such ap- 



50 School Law of West Virginia 

plicant graduated. All temporary certificates shall expire on the thirtieth 
day of June following the issuance thereof. 

Any person who has held a temporary certificate on the conditions stated 
above may receive another temporary certificate by submitting to the 
state superintendent of free schools evidence of having done satisfactory 
work in educational subjects in an approved school for at least six weeks 
since the issuance of his last temporary certificate and of having met 
the other conditions set forth above. 

Until the first day of July, one thousand nine hundred and twenty- 
two, first grade elementary certificates shall be valid in all the schools 
of the state, and thereafter they shall be valid in elementary schools 
and junior high schools. Second grade and third grade elementary cer- 
tificates shall be valid in all the grades of the elementary schools, pro- 
vided, that no person shall be employed as principal of any school of 
two or more rooms in the same building who does not hold a first grade 
certificate or its equivalent. 

Sec. 105 High School Certificates. High school certificates valid for a 
period of five years shall be issued by the state superintendent of schools 
to applicants who have passed a satisfactory examination upon ten sub- 
jects to be designated by the state board of education. 

The state superintendent of schools shall have authority to issue the 
high school certificate valid for five years, upon application in due form, 
to graduates of the West Virginia University, and to graduates of other 
approved colleges and uniiversities, in this and other states; provided, 
that the collegiate courses of instruction completed by such graduates 
have included not less than twenty semester hours in professional sub- 
jects and, provided, further, that each high school certificate issued un- 
der the provisions of this act shall show the subject or subjects the 
holder thereof is especially qualified to teach. 

High school certificates shall be valid in all high schools and elementary 
schools in the State; and after the first day of July, one thousand nine 
hundred and twenty-two, they shall be required in all classified high 
schools. 

Sec. 106. Supervisor's Certificates. Supervisor's certificates valid for 
a period of five year shall be issued by the state superintendent of schools 
to applicants who have taught not less than two years on a first grade 
certificate, or who have had other experience which the state board of 
education regards as equivalent to two years of teaching, and who have 
passed a satisfactory examination upon such subjects as shall be desig- 
nated by the state board of education. 

The state superintendent of schools shall have authority to issue the 
supervisor's certificate valid for five years, upon application in due form 
to graduates of the West Virginia University, or other approved universiw 
ties or colleges and to graduates of the state normal schools or other 
institutions approved by the state board of education for the offering of 
the diploma normal course; provided, the course of instruction completed 
by such graduates shall have included not less than twenty semester 
hours in professional subjects, five semester hours of which shall have 



School Law of West Virginia 51 

been in the subject of school supervision. Supervisors' certificates shall 
be valid in all schools of the State. 

Sec. 107. Short Course Certificate. Th3 state superintendent of 
schools shall have authority, upon application in due form, to issue with- 
out examination the short course certificates, valid for a period of three 
years, to persons who are otherwise qualified and who have completed 
the short course in any of the state normal schools or other schools ap- 
proved by the state board of education for the offering of this course, 
the short course in the West Virginia collegiate institute and the Blue- 
field colored institute, the normal training course in high schools that 
have been approved by the state board of education. 

Such short course certificates shall be valid in the elementary and 
junior high schools in the State, and in the payment of salaries shall be 
considere'd as first grade certificates. 

Sec. 108. Special Certificates. The state superintendent of free 
schools shall have authority, upon the recommendation of the state board 
of education, to issue special certificates to librarians, kindergarten 
teachers, primary teachers, and special teachers and supervisors of music, 
drawing, physical training, home economics, manual training, agricul- 
ture, and other vocational subjects, and such other subjects as the needs 
of the school may require. 

Special certificates may be issued upon examination or upon the satis- 
factory completion by the applicants therefor, of such courses of study 
as may be approved by the state board of education for the issuance of 
such certificates. 

Special certificates shall be valid throughout the State for the teaching 
or for the supervising of the special subjects to be 'designated on such 
certificates. 

Sec. 109. Emergency Certificates. Emergency certificates may be 
issued by the state superintendent of schools in accordance with the rules 
and regulations made therefor by the state board of education. Such 
certificates shall not be issued more than once to the same person, they 
shall be valid only in the county designated in the certificate, and they 
shall not be valid after the thirtieth day of June following the date of 
their issue. The grade of any such certificate shall be determined by 
the state superintemlent of schools and the same shall be indicated on the 
face of the certificate. 

Sec. 110. Credit for Grades Made in School. N'othing hereinbefore con- 
tained shall prevent the state superintendent of schools from accepting 
in lieu of an examination in any subject or subjects required for the 
granting of any certificate herein provided for, a satisfactory grade or 
grades made by the applicant in such subject or subjects in an approved 
college, normal school, or first class high school; provided, that such 
grade or grades have been given by such college, normal school or first 
class high school upon the satisfactory completion of not less than one 
year's work or the equivalent thereof, in each subject in which such 
substitution of grade is sought. 

All certificates issued for a period of five years or longer, shall be 



52 School Law of West Virginia 



considered first grade certificates as to renewal and payment of salaries. 
Sec. 111. Renewal End Re-lns^atsment of Certificates. All first grade 
certificates, normal school certificates, high school certificates, super- 
visors' certificates and spscial certificates, issued after July first, one 
thousand nine hundred and twenty-two, shall upon their expiration or 
within the year immediately following, be renewable for five year periods; 
provided, that the holders thereof shall have been actively engaged in 
educational work for not less than three years of each five-year period, 
shall take six weeks training in an approved normal school, or pass an 
examination on two reading circle books, for the first renewal, and be 
recommended for such renewal by the county superintendent of schools 
of the county where the certificate was issued, or where the teacher 
holding ruch certificate has taught. 

At the termination of the first renewal period of any first grade certi- 
ficate issued after one thousand nine hundred and twenty-two, the holder 
thereof shall be granted a renewal for a period of five years upon the 
condition that he has taught or been otherwise engaged in school work 
for three years of the five-year period, and is recommended for renewal 
by the county superintendent of the county where he resides or has been 
teaching. 

At the end of the second renewal period, the holder of any certificate 
of the first grade, issued after one thousand nine hundred and twenty- 
two shall receive a similar certificate valid for life, if he has taught or 
been otherwise actively engaged in school work for three years of the 
preceding five-year period. Certificates of the first grade which have 
been issued, or which shall be issued prior to July first, one thousand 
nine hundred and twenty-two, shall be renewable as follows: 

First nenewal on condition that the holder has taught or been actively 
engaged in school work for three years during the preceding five year 
period and is recommended for such renewal by the county superintend- 
ent where he resides or has been teaching. At the end of the first re- 
newal period it shall be renewed on recommendation of the county super- 
intendent and passing an examination on two books of the reading circle 
course or six weeks training in an approved normal school. 

At the end of the second renewal period the holder of any certificate 
of the rank of first grade shall be issued a similar certificate valid for 
life, if he has taught or been otherwise actively engaged in school work 
for three years during the life of the certificate, and is recommended for 
such renewal by the county superintendent of his county. 

In any case where any person has held a first grade elementary certi- 
ficate granted under the laws of this state governing uniform examina- 
tions or a normal school certificate, a high school certificate, a super- 
visor's certificate, or a special certificate granted in accordance with 
the provisions of this act, and has permitted the same to lapse, such 
person may apply to the state superintendent of free schools for re- 
instatement of said certificate. 

The applicant shall furnish with said application a statement signed 
by the county superintendent of schools of the county in which he resider; 
to the effect that the applicant is a person of good moral character, 



School Lav: of West Virginia 53 

is apparently in good health, is a suitable "person to be intrusted with 
the care and education of children and bears the reputation of having 
been a successful teacher. If in the opinion of the state superintendent 
of free schools, such applicant is a suitable person to be intrusted with 
the care and education of children and has been successful in the work of 
te?.ching, such certificate shall be re-instated in such manner as to re- 
place said applicant in the relative position he held as to certificate 
rights on the thirtieth day of June following the close of the last term 
of school taught on such certificate. 

In any case where any person has held a short course certificate such 
certificate shall be renewable for three year periods thereafter, provided 
the holder shall have taught, or shall have been otherwise actively en- 
gaged in school v/ork for two years of the preceding three year period. 

All acts and parts of acts inconsistent with this act are hereby repealed. 

Sec. 112. Revocat'cn of Cortifica:^"G. The r.tzte superintendent may, 
after ten days' notice and upon proper evidence, revoke the certificate 
of any teacher for drunkenness, untruthfulness, immorality, or for any 
physical, mental or m-oral defect which would render him unfit* for the 
proper performance if his duties as a teacher, or for anj^ neglect of 
duty or refusal to perform the same or for any other cause which would 
have justified the withholding of a certificate when the same was issued. 

Any county superintendent who knows of any immorality or neglect of 
duty on the part of any teacher shall report the same, together with all 
the facts and evidence, to the state superintendent for such action as in 
his judgment may be proper. 

TEACHERS' INSTITUTES— COUPONS OF CREDIT 

Sec. 113. Tin-e ,?nd Flnre of Hold'ina Te^.c'rers' Institutes. As a means 
of improving the teachers and fitting? them for more effective service in 
the schools of the State, teachers' county institutes shall be held an- 
nually throughout the State, one or more in each county, at such times 
and at such places as the state superintendent, with the advice of the 
county superintendpnt, shall direct, and such institutes shall continue 
each for one week of five days. It is provided, however, that the state 
superintendent may vary the nature of instruction in such institutes, 
and may arrange the time and duration of the same in such way as to 
promote the best interests of the schools. 

Sec. 114. Attendance Upon Institutes. Everv person emnloveci pg a 
toacher in the schools of this State shall be required to attend a county 
tea'^hers' institute, or such. other teachers' meeting as the state super- 
intendent of schools shall prescribe for his group of teachers or kind of 
work, for at least five days in each year, or for the number of days more 
or less than five as may be prescribed by the said superintendent. 

The county superintendent of schools may excuse, if requested, from 
attending the teachers' institute any teacher who has been in attendance 
for at I'^ost six weeks after January first of the year in which such excuse 
is sought, at a standard college, university, or state normal school, or 
other approved school, and who presents to said county superintendent a 



54 School Law of Wkst Virgi>;ia 

statement signed by the principal or president of the school showing 
what branches have been pursued and that the required work has been 
satisfactorily completed. The state superintendent of schools shall de- 
termine what schools shall be recognized and the nature and amount of 
work which shall be accepted by said county Guperintendent in carrying 
out the provisions of this S3cticn. For such institute attendance the 
teacher shall be paid two dollars and fifty cents ($2.50) a day for not to 
exceed five days in any one year, such compensation to be paid out of 
the teachers' fund of the district at the end of his term of school. Teach- 
ers whose schools have been discontinued for any legal cause shall re- 
ceive such portion of the total per diem as the number cf months actually 
taught bears to the number of months in the school term provided for 
the district. 

It shall be the duty of the county superintendent to see that teachers 
who do not attend institute or who have not bsen legally excused are 
not allowed to teach in his county during any year in which such failure 
occurs. 

Sec. *L15. Filing of Ccrtificato. It shall bo the duty cf each teacher to 
file with the secretary of the board of education of the district in which 
he is employed, before the opening of his school, a C3rtificate cf institute 
attendance or an excuse therefrom signed by the county superintendent 
of schools. 

If the county institute is held after the opening of his school, tho taecher 
shall file his certificate of attendance Vvithin ten days after the close 
of the institute. 

Sec. 116. Instructors. The institute sha'.l ce conducted by experienced 
and skillful instructors appointed by the state superintendent of free 
schools, but it shall be a part of the duty of the county superintendent 
under the instructions of the state superintendent, to r:akc all arrange- 
ments for the institutes and to assist in conducting them. 

Sec. 117. Pay of InEtructorc. The instr-.-ctcrs a-pohitod by tho state 
superintendent shall be paid for their services and expenses out of the 
general school fund on the order of the state superintendent; provided, 
that the amount expended for teachers' institutes in the State for any 
year shall not exceed the amount appropriated by the Legislature for that 
purpose. 

Sec. 118. Enrollment Fee. Every teacher enrolled in a county 
teachers' institute, or other teachers' meeting condTi.cled in lieu tl^'ereof, 
shall pay an institute, fee of one do'lar and t-vont"-five cents ($1.25), 
two-fifths of which may be used by the county superintendent cf schools 
for incidental expenses and for the betterment of the institute, and the 
other three-fifths of said feo, together with any remainder of said two- 
fifths allowed for incidental expenses, shall be remitted by the county su- 
perintendent of schools to the auditor of the State to be paid into the s^ate 
treasury to the credit of the general school fund. An account of said ex- 
penses shall be submitted to the institute during its session for approval or 
disapproval. If any county superintendent of schools shall fail v/ithin a 
reasonable time to remit said portion cf tho institute foes in his ccuntv 



School Law of West Virginia 55 

to the auditor, it shall then be the duty of the auditor to withhold pay- 
ment of the salary of such county superintendent until such remittance 
has been received. 

Sec. 119. Report to be Made. The county superintendent of schools 
shall, within five days after the close of the institute, forward to the state 
superintendent of schools a certified list of all persons enrolled in the 
county institute, giving the exact time each teacher was in attendance. 
Said county superintendent shall also forward to the state superintend- 
ent a certified statement of the receipts and expenditures as approved 
by the institute as provided in section one hundred twenty-one of this 
act, together with the receipts of all the money expended. 

Sec. 120. District Institutes. As a further means of improvement 
among the teachers, the county superintendent, or the district super- 
visor, with the consent of the county superintendent, shall arrange 
for and conduct district or joint district institutes, one or more for each 
district of the county within the school year. The county superintend- 
ent may aAso approve the attendance of the teachers employed in his 
county at a teachers' round table. Attendance upon district institutes 
or teachers' round tables as herein provided may be substituted for an 
equal amount of teaching at the discretion of the county superintendent, 
who shall report to the secretary of the board of education the attend- 
ance approved by him. 

Sec. 121. Readng Crcles — Coupons of Credt. Teachers shall be en- 
couraged to form reading circles for the purpose of pursuing courses 
of study in professional subjects, and it shall be the duty of the state 
superintendent to prescribe a course of study on the said subjects, to 
provide for examining those who completed the said course and to issue 
certificates of merit to such persons as pass satisfactory examinations 
thereon. 

The state superintendent of schools may also outline additional pro- 
fessional work and projects for teachers and issue coupons of credit, 
good only for the school year in which they are issued, to such teachers 
as complete such professional work or project satisfactorily. Such 
coupons when signed by the state superintendent and by the county 
superintendent shall entitle the holder thereof to one dollar a month ad- 
ditional salary for each coupon so held, payable by the district or in- 
dependent district board of education at the expiration of the school; 
term out of teachers' fund of such district. 

COMPULSORY ATTENDANCE 

Sec. 122. Age — Time — Misdemeanor. Every person who has legal or 
actual charge of a child or children not less than seven nor more than 
fourteen years of age shall cause such child or children each year to 
attend a free day school for the full school term of the district or inde- 
pendent district in which such person resides; provided, however, that 
such person shall be exempt from the foregoing requirement for any of 
the following causes: i 



56 School Law of West Virginia 

(a) Instruction for a time equal to that required by this ace in a 
private, parochial or other school approved by the district board of 
education. The principal or other person in control of such private 
parochial or other approved school shall upon the request of the dis- 
trict board of education, furnish to said board such information as it 
may require with regard to the attendance and instruction of pupils 
between the ages of seven and fourteen years enrolled therein. 

(b) Instruction for a time equal to that required by this act in the 
home of such child or children or elsewhere by a person or persons 
who are, in the judgment of the district board of education, qualified 
to give instruction in the subjects required to be taught in the free ele- 
mentary schools of this State. The person or persons giving such instruc- 
tion shall, upon the request of the district board of education, furnish 
to said board such information as it may require with regard to the at- 
tendance and instruction of pupils between the ages of seven and four- 
teen years receiving such instruction. 

(c) Physical or mental incapacity for school attendance and the per- 
formance of school work. 

(d) Death or serious illness in the immediate family of the pupil. 

(e) Extreme destitution of parents or other person or persons in legal 
or actual charge of a child or children. Exemption for this cause 
shall not be allowed when such destitution is relieved through public 
or private means. 

(f) Conditions rendering school attendance impossible or rendering 
it hazardous to the pupil's life, health or safety. 

(g) Residence of the pupil at a distance of more than two miles from 
the nearest school by the shprtest practicable road or path, unles'j 
free transportation to and from school is provided for such pupil. 

(h) Observance of regular church ordinances. 

(i) Other causes that are accepted as valid by the county superintend- 
ent or by the district supervisor of schools or by the superintendent of 
schools of an independent district. 

Any person, who after due notice has been served upon him as herein- 
after provided, shall fail to cause a child or children in his legal or actual 
charge to attend school as hereinbefore provided, shall be guilty of a mis- 
demeanor and shall upon conviction thereof before any justice of the 
peace be fined not less than three dollars nor more than twenty dollars, 
together with the costs of prosecution, or confined in jail not less than 
five days nor more than twenty days. Each day a child is out of school 
contrary to the provisions of this act shall constitute a separate offense. 

Whenever a person accused of violating the provisions of thin act has 
been tried and acquitted, the costs of prosecution shall be paid by the 
district board of education out of the building fund of the district. 

Sec. 123. Attendance Officer — Duties. The board of education of every 
district or independent district shall, at its first meeting or as soon there- 
after as practicable, appoint one or more attendance officers, who shall 
qualify as such and shall enforce the provisions of this act in the dis- 
tricts or independent districts in which they have been appointed to 
serve; provided, however, that any school trustee may be appointed to 



School Law of West Vikginia 57 

serve as truant officer in his sub-district. Each officer so appointed shall 
use diligence to ascertain any due violations of this law, and when from 
personal knowledge or by report of complaint from any resident oi- 
teacher of the district under his supervision, he believes that any child 
subject to the provisions hereof has been absent from school contrary 
to the provisions of this act, he shall immediately give written notice 
to the parent, guardian, or custodian of such child that the attendance of 
said child at school is required, and if the parent, guardian or custodian 
of such child does not comply with the provisions of this act at once 
then such attendance officer shall make complaint against such parent, 
guardian, or custodian before a justice of the peace of the county; and pro- 
vided, that for subsequent offenses in any school year no such notice 
shall be required. When any doubt exists as to the age of a child 
absent from school, the attendance officer shall have authority to require 
a properly attested birth certificate or an affidavit from the parent, guar- 
dian, or custodian of such child, stating the age of such child. The at- 
tendance officer shall, in the performance of his duties as such officer, 
have authority to visit and enter any office, factory, or business house em- 
ploying children; he shall also have authority to arrest without v/ar- 
rant any child absent from school in violation of the provisions of this 
act and to place such child in the school in which such child is or should 
be enrolled. Said attendance officer shall be paid monthly at such rate 
per diem for the time actually spent in the performance of his duties 
as the board shall determine; but in no case shall payment for any 
month's services be made until the attendance officer has filed with 
the secretary of the district board of education the statement required 
by said board of education, together with a sworn statement of the 
number of truancy cases investigated and the time actually spent in per- 
forming such duties. When the attendance officer has faithfully per- 
formed his duties and filed the statement required, the district board of 
education, if satisfied that the same is just and correct, shall issue to 
him an order on the sheriff for the amount of his account, payable out 
of the building fund of the district. 

Sec. 124. Secretary to Furnish Enumeration List. It shall be the duty 
of the secretary of the district board of education at- the beginning of the 
school term to furnish to the teacher of each one-room school in the 
district a copy of the last school enumeration for the sub-district, to- 
gether with the name and address of the attendance officer of the district. 
Such teacher shall at the opening of school and at such times as the dis- 
trict board of education may require, compare said enum'eration list with 
the enrollment of the school and report to the attendance officer the 
names and residences of parents, guardians or custodians of children 
between the ages of seven and fourteen who are or have been absent 
from school without a legal excuse; also, the names and residences of 
parents, guardians, or custodians of children of compulsory school age 
not included in such enumeration list who are, or have been absent from 
school without legal excuse. The secretary of the district board of edu- 
cation shall furnish said enumeration list, together with the name and 
address of the attendance officer, to the superintendents, district super- 



58 School Law of West Virginia 

visors or principals of all town and city schools and to the principals of 
all district schools of two or more rooms and said superintendents, 
district supervisors, and principals shall make reports to the attend- 
ance officer concerning all cases of truancy as hereinbefore required of 
teachers of one-room schools. 

Sec. 125. Fine for Neglect of Duty. Any school officer, dis- 
trict supervisor, superintendent, principal, teacher or other person 
upon whom a duty is imposed by this act who neglects or refuses to 
perform any duty or duties so imposed upon him shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be punished by a fine of 
not less than three dollars ($3.00) nor more than twenty dollars ($20.00) 
and may be imprisoned not to exceed twenty-five days. 

Sec. 126. Aiding or Abetting Violations of Compulsory Attendance. 
Any person who induces or attempts to induce any child unlawfully to 
absent himself from school or who harbors or employs any child of com- 
pulsory school age while the school which he is required to attend is in 
session, or employs such child within the term of said school without 
the written permission of the county, district or city superintendent of 
schools shall be guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not less than twenty-five dollars ($25.00) 
nor more than fifty dollars ($50.00), or may be confined in jail not 
less than five days nor more than thirty days. 

Sec. 127. Fines Collected. All fines collected under the provisions of 
this act shall be paid over at once by the justice to the sheriff, and by him 
credited to the building fund of the proper district; and every attendance 
officer shall make to the secretary of the district board of education and 
to the sheriff an itemized statement on the last day of each month of 
all fines imposed as provided herein. 

Sec. 128. Unemployed Children over Fourteen and Under Sixteen Shall 
Attend School. Every child over fourteen and under sixteen years of 
age who is not engaged in some regular employment or business for at 
least six hoiirs per day or who has not received written permission from 
the superintendent of schools of the city or county in which he resides, 
to engage in profitable employment at home, shall attend a public school 
day or other school day approved by the board of education of his school 
district or independent school district during the entire time the public- 
schools are in session, subject to such exemptions as are provided for in 
section one hundred twenty-five* of this act, except that no child over 
fourteen and under sixteen years of age shall be exempt from school at- 
tendance as herein required for the reason that he has completed an eight- 
years' course of study in the elementary and grammar schools or junior 
high schools of the State, if a high school or other school of advanced 
grades is provided within two miles of his home. 

Sec. 129. Each minor over fourteen years of age and under sixteen 
years of age who is not in regular attendance upon a public, private or 
parochial school or who is regularly and lawfully employed in some- 

*Hf>fers to section one hundred twent.v-two. 

tllefers to sections one hundred twenty-three to one hundred twenty-seven. 



School Law of West Virginia 59 

occupation of service, unless such minor has completed eight years of 
elementary schooling, shall attend a part-time school or class in the dis- 
trict in which such minor resides or may be employed. Such attend- 
ance shall be for not less than four hours per week and not more than 
eight hours per week for each week which such school or class is in 
session until the total attendance amounts to at least one hundred and 
fortj^-four hours for the school year, except that the school authorities 
may, subject to the approval of the state superintendent of free schools, per- 
mit any such minor to increase the number of hours per week of required 
attendance and decrease the number of weeks of required attendance. 
The attendance upon a part-time school or class shall be between the 
hours of eight o'clock forenoon and five o'clock afternoon. Provided, how- 
ever, that such persons shall be exempt from the foregoing requirements 
for any of the causes enumerated from (a) to (i) inclusive in section 
one hundred and twenty-two of chapter two of the acts of one thousand 
nine hundred and nineteen, regular session. 

The parent, guardian or other person having the custody or control of 
a minor who is required under the provisions of this section to attend 
a part-time school or class shall cause such minor to attend such school 
or class. A parent, guardian or other person who refuses or fails to 
comply with this provision of the law shall be subject to the penalties 
provided in section one hundred and twenty-two of this chapter. 

Any person, firm or corporation employing a minor between the ages 
of fourteen and sixteen years shall permit the attendance of such minor 
upon a part-time school or class whenever such part-time school or class 
shall have been established in the district where the minor resides or 
may be employed, and upon the termination of employment of any 
such minor, the employer shall return within five days the employment 
certificate of such minor by mail to the school authorities and a person, 
firm or corporation employing a minor over fourteen years of age and less 
than sixteen years of age contrary to the provisions of this section shall 
be subject to the penalties provided in section one hundred and twenty- 
six of this chapter. A person, firm or corporation which has in its em- 
ploy a minor who fails to attend a part-time school or class as required 
herein, shall immediately discontinue the services of such minor upon 
receiving from the school authorities written notice of the failure of 
such minor to attend such part-time school or class, and a person, firm or 
corporation violating this provision of law shall be subject to a fine of 
twenty-five dollars for each offense. 

Boards of education of districts and independent districts are hereby 
authorized to establish and maintain part-time and evening schools and 
classes. The board of education in charge of the schools of each city 
having a population of more than ten thousand according to the United 
States census of one thousand nine hundred and twenty shall, commenc- 
ing with the school year beginning the first day of July, one thousand 
nine hundred and twenty-two, establish and maintain part-time schools or 
classes. The board of education in charge of the school of any city, town 
or sub-district in which there are fifty or more minors above the age of 



60 School Law ok West Virginia 

fourteen years and under the age of sixteen years who are not in regular 
attendance upon approved instruction shall, commence with the school 
year beginning the first day of July, one thousand nine hundred and 
twenty-three, establish and maintain part-time schools or classes. Such 
schools or classes may be established in public school buildings, in other 
buildings especially adapted for their operation, in manufacturing or 
mercantile establishments and in factories. Such schools or classes, 
wherever they are established and maintained, shall be under the con- 
trol and management of the board of education and shall be a part of 
the public school system of the city or district which maintains them. 

Such part-time schools or classes shall be kept in session on the regular 
school days and for as many hours each school year between the hours 
of eight o'clock forenoon and five o'clock afternoon as shall be necessary 
to provide the required instruction for such minors who reside in the 
city, town or sub-district. The course of study in such pai't-time schools 
or classes shall be approved by the state board of education. 

If the board of education of any district fails to comply with the re- 
quirements of this section, the state superintendent of free schools may 
at his discretion withhold all or a part of any state school funds due 
such district in any year. The failure of any officer to enforce the pro- 
visions of this section and section one hundred and twenty-eight of 
chapter two of the acts of one thousand nine hundred and nineteen, 
regular session, shall cause such officer to be subject to the penalties 
prescribed in sections one hundred and twenty-five and one hundred and 
twenty-six respectively, of said chapter. The requirements of this section 
and the preceding section shall be enforced by the persons and in the 
manner prescribed for the enforcement of the recjuirements of sections 
one hundred and twenty-three to one hundred and twenty-seven inclusive 
of chapter two of the acts of one thousand nine hundred and nineteen, 
regular session. 

All acts and parts of acts inconsistent herewith are hereby repealed. 

Sec. 130. Cotrpulsory Educcition cf the Deaf and the Blind. Every 
parent, guardian or other person having control of any mentally normal 
minor over eight years of age who is defective in sight or hearing to the 
extent that he can not be benefited by instruction in the public schools, 
fliall be required to send such minor to the West Virginia Schools for 
the Deaf and the Blind at Romney. Such minor shall continue to attend 
such schools for a term of at least thirty-six weeks each year until he 
has completed the course of instruction prescribed for said schools by 
the state board of education, or until he has been discharged by the 
superintendent of said schools. It is provided, however, that minors of 
the Negro race who come under the requirements of this section shall 
be placed in a separate school or schools located at such place or places 
as may be determined by the state board of control. 

Any such deaf or blind minor shall be exempt from attendance at said 
schools for any of the following reasons u 

1. Instruction by a private tutor or in another approved school by the 



School Law of West Virginia 61 

state board of education, for a time equal to that required by tlie first 
paragraph of this section. 

2. Physical incapacity for school work. 

3. Any other reason deemed good and sufficient by the superintendent 
of said schools, with the approval of the state board of education. 

Any parent, guardian or other person in charge of such minor or 
minors who fails or refuses to comply with the requirements of this 
section shall be guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than ten dollars ($10.00) nor more than thirty 
dollars ($30.00) for each offense. 

Failure for the period of one week within the school year to send such 
minor to school shall constitute an offense; provided, that the time neces- 
sary for such minor to travel from his home to Romney shall not be 
counted as time absent from school. 

Any person who induces or attempts to induce such blind or deaf minor 
to absent himself from school or who employs or harbors such minor 
unlawfullj^ while said schools are in session shall be guilty of a mis- 
demeanor and upon conviction thereof shall be fined not less than twenty 
dollars ($20.00) nor more than fifty dollars ($50.00) for each offense. 

It shall be the duty of school attendance officers, prosecuting attorneys 
and any special attendance officers appointed by the said schools for the 
deaf and the blind to enforce the provisions of this section. 

It shall be the duty of the public school teachers of each county to 
furnish to the county superintendent of schools of their county the names 
of deaf Or blind persons in their sub-districts between the ages of six 
and twenty-five years together with information as to the age, sex and 
race of each such deaf or blind person. The county superintendent of 
schools shall certify the names of all such persons with the names and 
addresses of their parents or guardians to the superintendent of the 
schools for the deaf and the blind at Romney. 

It shall be the duty of the state superintendent of schools to provide 
suitable blanks for the enumeration of such deaf and blind persons to 
each county superintendent for distribution among teachers and others 
responsible for taking the school enumeration. The enumeration of 'such 
deaf and blind persons shall be taken at the time the regular school 
enumeration is taken and shall be reported to the superintendent of the 
schools for the deaf and the blind at the time that the regular school 
enumeration is reported to the state superintendent of schools. 

VOCATIONAL EDUCATION 

Sec. 131. Acceptance of Federal Act. The provisions of an act of con- 
gress entitled "an act to provide for the promotion of vocational educa- 
tion; to provide for co-operation with the states in the promotion of 
such education in agriculture and the trades and industries; to provide 
for co-operation with the states in the preparation of teachers of vo- 
cational subjects; and to appropriate money and regulate its expendi- 
tures," are hereby accepted by the State of West Virginia as to: 



62 School Law of West Vibginia 

(a) Appropriations for the salaries of teachers, supervisors or di- 
rectors of agricultural subjects. 

(b) Appropriations for salaries of teachers of vocational and indus- 
trial subjects. 

(c) Appropriations for the training of teachers of vocational subjects. 

Sec. 132. Custodian of Funds. The state treasurer is hereby desig- 
nated as the custodian of funds to be paid into the treasury of this State 
for vocational education and shall receive money paid to the state from 
the United States treasury under the provisions of said act of congress 
and shall pay the same upon the warrant of the auditor of state when 
the same is certified by the state board of control. 

Sec. 133. State Board. The state board of education is hereby desig- 
nated as the state board to carry out the provisions of said act so far 
as the same relates to the co-operation of the states and the federal 
government and shall have full power to do all things necessary in the 
formulation or execution of plans for the promotion of education in 
agriculture, in trades and industries and to formulate and execute plans 
for the preparation of teachers of vocational subjects. 

Section 133-a. The state of West Virginia does hereby, through its 
legislative authority, accept the provisions and benefits of the act of 
congress, entitled, "An act to provide for the promotion of vocational 
rehabilitation of persons disabled in industry or otherwise, and their 
return to civil employment," approved June second, one thousand nine 
hundred and twenty, and will observe and comply with all requirements 
of such act. 

Sec. 133-&. The state treasurer is hereby designated and appointed 
custodian of all moneys received by the state from appropriations made 
by the congress of the United States for vocational rehabilitation of per- 
sons disabled in industry or otherwise, and is authorized to receive and 
provide for the proper custody of the same and to make disbursements 
therefrom upon the order of the state board of education approved by 
the state board of control. 

Sec. 133-c. The state board of education is hereby designated as a 
state board for the purpose of co-operating with the said federal board 
in carrying out the provisions and purposes of said federal act providing 
for the vocational rehabilitation of persons disabled in industry or other- 
wise and is empowered and directed to co-operate with said federal boarQ 
in the administration of said act of congress; to prescribe and provide 
such courses of vocational training as may be necessary for the voca- 
tional rehabilitation of persons disabled in industry or otherwise, and 
to provide for the supervision of such training; to appoint such as- 
sistants as may be necessary to administer this act and said act of con- 
gress in this state; to fix the compensation of such assistants and to di- 
rect the disbursement and administer the use of all funds provided by 
the federal government or this state for vocational rehabilitation of such 
persons. 

Sec. 133-(Z. It shall be the duty of the state board of education and 
the state compensation commissioner to formulate a plan of co-operation 



School Law of West Virginia 63 

in accordance with the provisions of this act and said' act of congress, 
such plan to become effective when approved by the governor of the state. 

Sec. 133-e. The state board of education is hereby authorized and em- 
powered to receive such gifts and donations, either from public or pri- 
vate sources, as may be offered unconditionally or under such conditions 
related to the vocational rehabilitation of persons disabled in industry 
or otherwise as in the judgment of the state board are proper and con> 
sistent with the provisions of this act. All the moneys received as gifts 
or donations shall be deposited in the state treasury and shall constitute 
a permanent fund to be called the special fund for the vocational rehabili- 
tation of disabled persons, to be used by the said board to defray the ex- 
penses of vocational rehabilitation in special cases, including the pay- 
ment of necessary expenses of persons undergoing training. A full re- 
port of all gifts and donations offered and accepted, together with the 
names of the donors and the respective amounts contributed by each 
and all disbursements therefrom shall be submitted annually to the gov- 
ernor of the state by the said state board of education. 

Sec. 133-f. There shall be appropriated a sum of money available for 
each fiscal year not less than a maximum sum which may be allotted to 
the state for the purposes set forth in said federal act. 

STATE EDUCATIONAL INSTITUTIONS 

Sec. 134. West Virginia University, Name, Location, Control. The 
West Virginia University, created and established by chapter one hun- 
dred twenty-three, sections seventy-six and seventy-seven, of the acts 
of the Legislature of one thousand eight hundred seventy-two and one 
thousand eight hundred seventy-three, shall hereafter remain where now 
located and shall continue to be known as the West Virginia University. 
On and after the first day of July, one thousand nine hundred and nine- 
teen, said university shall be under the control and management of the 
state board of education as provided in section seven of this act, and 
the state board of control as provided in section four of chapter fifteen-m 
of Barnes' Code of nineteen hundred and sixteen. 

Sec. 135. Powers and Duties of the President. The president of the 
-university shall be president of the general faculties and of the faculty 
of the several colleges and departments thereof, and the executive head 
of the university in all its departments. Subject to the authority herein 
vested in the state board of education, he shall give general direction to 
the administrative affairs and to the scientific investigations of the uni- 
versity and of its several departments. And subject to the orders of the 
board, he shall have authority, in the recess of the board, to remove 
any employee or subordinate officer, who is not a member of the faculty, 
and supply for the time any vacancy that may occur by such removal 
or otherwise. 

Sec. 136. The President Shall Make Biennial Reports. On or before 
the end of each biennial period the president of the university shall make 
a report to the state board of education and the state board of control 
showing in detail the progress and condition of the university during 



64 School Law of West Virginia 

such biennium, and such other detailed information about the affairs and 
the control of the university as the said boards may request or as he may 
deem wise to communicate. 

Sec. 137. Colleges. Schools, Departments. In consultation with the 
president of the university, the state board of education shall have au- 
thority to establish and to maintain in the university such colleges, 
schools, departments and divisions as from time to time may be expe- 
dient, and shall provide for the organization and management of the same. 

Sec. 138. Admission and Graduation of Students. The rules and 
regulations made by the president and faculties of the university govern- 
ing the admission of students to the university, the standards of scholar- 
ship to be maintained, the conferring of degrees and the granting of 
diplomas, certificates and other evidences of wdrjc done by students of the 
university, shall be submitted to the state board of education for its ap- 
proval. The rules and regulations made by said president and faculties 
for the general government of the university shall in like manner be 
submitted to said board for its approval. 

Sec. 139. Agricultural Extension Division. In order to promote the 
improvement and advancement of agriculture, domestic science, and rural 
life among the people of the several counties of the State of West Virginia, 
there is hereby created and established in the college of agriculture, at 
West Virginia University, an agricultural extension division to be co- 
ordinate with the resident instruction division and the agricultural ex- 
periment station. The work of the agricultural extension division of 
the College of Agriculture shall be conducted under such rules, regulations 
and methods as may be approved by the state board of education, but 
every expenditure under this section shall be approved by the state 
board of control. Said extension v^ork shall consist of holding exten- 
sion schools in the various counties of the state, at which instruction 
shall be given in soil fertility, horticulture, stock raising, crop production, 
dairying and other branches of agriculture, domestic science and kin- 
dred subjects; of conducting farmers' institutes; of furnishing speakers 
and exhibits for special agricultural trains; of giving instruction and dem- 
onstrations at agricultural fairs, farmers' institutes, clubs, granges, or 
other organizations that may be useful in extending agricultural knowl- 
edge; of conducting, in co-operation with school ofRcials and the United- 
States Department of Agriculture, boys' and girls' agricultural clubs; of 
appointing county agricultural and home demonstration agents and super- 
vising and assisting them in advancing the agricultural and home interests 
of their respective counties or districts by encouraging demonstrations 
in orcharding, soil improvement, crop production, stock raising and 
other phases of agriculture, home economics and kindred subjects, as 
provided for in section twenty-eight, chapter thirty-nine of the code ol 
West Virginia; of giving instruction by mail in agriculture, domestic 
science and kindred subjects; of publishing bulletins, circulars and news- 
paper articles; and of such other methods as may carry the benefits of the 
work of the college of agriculture, the agriculture experiment station 
and the United States Department of Agriculture to the people of the sev- 



School Law of West Virginia 65 

ral counties of the state, as provided for in the Federal Smith-Lever Act of 
May eighth, one thousand nine hundred fourteen, and accepted by the 
state of West Virginia in Senate Joint Resolution number four, adoptea 
February one, one thousand nine hundred fifteen; and all such itinerant 
educational work in agriculture and home economics carried on under 
appropriation by or to this State, shall be under the control and super- 
vision of said agricultural extension department. 

•Sec. 140. Military Training. Male students of suitable age in the 
university shall be required, under such regulations as the state board 
of education shall prescribe, to enroll in the department of military 
science. Said students shall serve for the time required by said regu- 
lations and shall be entitled to such special privileges and immunities as 
the ftate board of education may determine. The state board of educa- 
tion shall have authority to accept appropriations, material and other 
benefits from the Federal Government on account of any federal law 
providing for aid to the West Virginia University for giving instruction 
in military science and to co-operate as far as practicable with the Fed- 
eral Government for such purpose. 

Sec. 141. Extension in General. The state board of education is here- 
by authorized and empowered to organize and conduct, through the or- 
ganization of the different colleges, schools, or departments of the uni- 
versity, extension work in the form of schools, classes, lectures and other 
forms of instruction, throughout the state, in order that the benefits of 
the university may reach all parts of the state. 

Sec. 142. Endowment for Agricultural College. The funds derived 
from the sale of United States land warrants which have been donated 
to this State for the purpose of endowing an agricultural college shall be 
invested by the board of the school fund in a loan of public stock of the 
United States or otherwise, as required by Congress, for the use and 
benefit of the university, and as set forth in the acts of the Legislature 
of one thousand eight hundred seventy-two and seventy-three, one thou- 
sand eight hundred eighty-one, one thousand nine hundred eight, and 
one thousand nine hundred nine. 

Sec. 143. Federal Appropriations. For the uses and purposes of the 
West Virginia University there is hereby set apart such sum or sums of 
money as shall accrue from the annual appropriation made by the Act of 
Congress, approved August thirtieth, one thousand eight hundred ninety, 
known as the "Morrill Fund" and all other sums of money that may at 
any time be appropriated by Act of Congress for the benefit of the West 
Virginia University, and the treasurer of this State is hereby designated 
as the proper officer to receive from the Secretary of the Treasury of the 
United States the said sum or sums of money to be paid into the treasury 
of this State under said act or acts of congress and the state board of 
control shall have general supervision and control of said sum or sums 
of money as is now provided by the act creating the said state board of 
control. 

Sec. 144. Agricultural Experiment Station. The State of West Vir- 
ginia hereby assents to the Act of Congress approved July second, one 



66 School Law of West Virginia 

thousand eight hundred sixty-two, entitled "An act donating public lands 
to the several states and territories which may provide colleges for the 
benefit of agricultural and mechanic arts" and to all other acts passed 
since that one re-enacting or amending it and accepts from the govern- 
ment of the United States the grants of money authorized by said Act of 
Congress, and assents to the purpose of said grants. In the Act of 
West Virginia Legislature passed March second, one thousand eight 
hundred eighty-seven, establishing a department in the West Virginia 
University, known as the "West Virginia Agricultural Experiment Sta- 
tion" is hereby re-enacted for the purposes enumerated and the state 
board of control and the state board of education are authorized and 
empowered as is now provided by law to carry out the provisions of 
these several acts. 

Sec. 145. Anatomical Board; Use of Dead Bodies. Chapter thirty- 
two of the Acts of the Legislature of one thousand nine hundred one, 
providing for the disposition of dead human bodies by persons in charge 
of any almshouse, prison, morgue, hospital, asylum or other place in- 
cluded in said act shall remain in full force. 

Sec. 146. Financial Support. The Legislature shall make the neces- 
sary appropriations for the financial support of the West Virginia 
University. 

Sec. 147. State Normal School. The provisions of all acts of the Leg- 
islature relating to the West Virginia State Normal School and its 
branches shall be and remain in full force except so far as the same may 
be altered by this act. 

The "West Virginia State Normal School" established under and by 
virtue of an act passed February twenty-seventh, one thousand eight 
hundred sixty-seven, entitled "An act for the establishment of a state 
normal school," shall be and remain at Huntington in the County of 
Cabell, as provided in said act. The branch of the state normal school 
established at Fairmont, under and in pursuance of the act passed 
March fourth, one thousand eight hundred and sixty-eight, entitled "An 
act providing for the purchase of the West Virginia normal school at 
Fairmont;" the branch of the West Virginia state normal school estab- 
lished at West Liberty, under and in pursuance of the act passed March, 
first, one thousand eight hundred and seventy, entitled "An act to 
establish a branch normal school at West Liberty, in Ohio County;" 
the branch of the state normal school established at Glenville, under and 
in pursuance of the act passed the nineteenth day of February, one 
thousand eight hundred and seventy-two entitled, "An act to establish 
a branch normal school at Glenville, Gilmer County;" the branch of the 
state normal school established at Shepherdstown, under and in pursuance 
of the act passed and approved February fourteenth, one thousand eight 
hundred :ind seventy-two, entitled: "An act to establish a branch normal 
school at Shepherdstown, in the county of Jefferson;" and the branch 
of the state normal school at Athens, in Mercer County, established 
by the act passed the twenty-eighth day of February, one thousand eight 
hundred and seventy-two entitled, "An act to locate a branch state 



School Law of West Virginia 67 

normal school at Concord, In the county of Mercer," shall each be and 
remain at the place where said institution is now located. The state 
normal school and its branches named in this section shall be under 
the control and management of the state board of education, as provided 
by section seven of this act, and of the state board of control, as pro- 
vided in section four of chapter fifteen-M of Barnes' code of one thou- 
sand nine hundred and sixteen. On and after the first day of July, one 
thousand nine hundred and nineteen, said normal school and its branches 
shall each be known as a state normal school, and none shall be known 
as a branch of the one first established, and shall be designated respec- 
tively as "Marshall College," "Fairmont State Normal School," West 
Liberty State Normal School," "Glenville State Normal School," Shep- 
herd College State Normal School," and "Concord State Normal School." 
The function of said normal schools shall be the preparation of teachers 
through such courses of study as the faculties may prescribe with the 
approval of the state board of education. The rules and regulations 
made by the president or other head and the teachers of each of said 
normal schools for the general government of such school and for the ad- 
mission of students thereto, the standards of scholarship to be maintain- 
ed therein, and the graduation of students therefrom, shall be submitted 
to the state board of education for its approval. The president and the 
teachers of each of said normal schools shall be men and women of broad 
and liberal education, as evidenced by the possession of a bachelor's 
degree from a standard college or university, or the equivalent thereof, 
as a minimum requirement. The Legislature shall make the necessary 
appropriations for the financial support of each of the said normal 
schools. 

Sec. 148. Potomac State School. The preparatory branch of the 
state university heretofore established at Keyser in Mineral county 
shall remain where now located and on and after the first day of July, 
one thousand nine hundred and twenty-one, shall be known as the 
"Potomac State School" which shall be under the control and man- 
agement of the state board of education as provided by section seven 
of this chapter and of the state board of control as provided by section 
four of chapter fifteen-m of Barnes' code of one thousand nine hundred 
and sixteen. The rules and regulations made by the principal and 
teachers of this institution for its general government shall be sub- 
mitted to the state board of education for its approval. Said state 
school shall offer instruction in agriculture, home economics, industrial 
subjects and such other subjects as the state board of education may 
direct. The legislature shall make the necessary appropriation for the 
financial support of said institution. 

Chapter seventy of the acts of the legislature of one thousand nine 
hundred and seventeen, regular session, is hereby repealed. 

Sec. 149. The New River State School. The West Virginia trades 
school heretofore established at Montgomery in Fayette county shall re- 
main where located and on and after the first day of July, one thousand 
nine hundred and twenty-one, shall be known as the "New River State 
School" which shall be under the control and management of, the state 



68 School Law of West Virginia 



board of education as provided by section seven of this chapter and of 
the state board of control as provided by section four of chapter 
fifteen-m of Barnes' code of one thousand nine hundred and sixteen. 
The rules and regulations made by the principal and teachers of this 
institution for its general government shall be submitted to the state 
board of education for its approval. Said state school shall offer in- 
structions in home economics, industrial subjects, and such other sub- 
jects as the state board of education may direct. The legislature shall 
make the necessary appropriation for the financial support of said in- 
stitution. 

All acts and parts of acts inconsistent herewith are hereby repealed. 

Sec. 150. The West Virginia Collegiate Institute. The institution tor 
the instruction of colored students located at Institute in the county of 
Kanawha and designated by an act of the Legislature of one thousand 
eight hundred and ninety-one, regular session, chapter sixty-five, as 
"TheWest Virginia Collegiate Institute," shall remain where now located, 
and shall have and hold all the property, funds, rights, powers and 
privileges granted to said institution in said chapter sixty-five of the 
acts of the Legislature of one thousand eight hundred and ninety-one, 
and all subsequent acts relating thereto. 

Said institute shall be under the control and management of the state 
board of education and the state board of control, as provided herein 
for other state educational institutions. 

The state board of education shall establish and maintain in the 
West Virginia Collegiate Institute, in addition to the departments al- 
ready established, such college courses of study as may be expedient and 
possible and shall prescribe the conditions for graduation therein and 
make rules for the conferring of degrees and for issuing the proper 
diplomas to those who complete such courses, as in the case of other 
state educational institutions. 

The West Virginia Collegiate Institute shall have power and authority 
to do extension work in agriculture, home economics, and such other sub- 
jects as the state board of education may direct, among the Negro 
population of West Virginia. 

The treasurer of the state is hereby designated as the officer to receive 
from the secretary of the treasury of the United States the said several 
sums of money to be paid into the treasury of this State by the federal 
government for the uses and purposes named in any grants for said 
Institute. He shall keep an exact account of the moneys so received, 
and shall place to the credit of each of said beneficiaries thereof its 
due proportion of the same. The sums so placed to the credit of the 
West Virginia Collegiate Institute shall be paid out by him on the order 
of the state board of control. And said treasurer shall include in his 
biennial report to the governor a statement of his receipts and dis- 
bursements under the provisions of this act. 

The rules and regulations made by the president and faculty of said 
institute for its general government and for the admission of students 
thereto, the standards of scholarship to be maintained therein, and the 



School Law of West Virginia 69 

graduation of students therefrom, shall be submitted to the state board 
of education for its approval. 

The Legislature of the State of West Virginia herebj' accepts for said 
State the terms and provisions of the act of congress of the United 
States approved August thirtieth, one thousand eight hundred and ninety, 
for the objects and purposes mentioned and declared therein, and 
designates "The West Virginia University," established in pursuance of 
the act of congress of the United States passed July two, one thousand 
eight hundred and sixty-two, and a subsequent act passed by said con- 
gress on April nineteen, one thousand eight hundred and sixty-four, 
at Morgantown, in the county of Monongalia, in this State, as a benficiary 
of said appropriation for the instruction of white students, and "The 
West Virginia Collegiate Institute," for the beneficiary of said appropria- 
tion for the instruction of colored students, to be paid to each in the 
proportion mentioned in chapter sixty-five of the acts of the Legislature 
of one thousand eight hundred and ninety-one and chapter twenty-seven 
of the acts of the Legislature of one thousand nine hundred and eight. 
And the said institution by the name of "The West Virginia Collegiate 
Institute," shall have and hold all the property, funds, rights, powers 
and privileges herein mentioned. 

The Legislature shall supplement the funds received from the federal 
government as aforesaid, by making such appropriations from time to 
time a? may be necessary for the further support of the West Virginia 
Collegiate Institute. 

Sec. 151. The Bluefield Colored Institute. The Bluefield Colored In- 
stitute shall remain where now located, and shall be known as the 
'Bluefield Colored Institute." Said institute shall be under the control 
and management of the state board of education as provided by section 
seven of this act, and of the state board of control as provided by law 
for other state educational institutions. The rules and regulations 
made by the principal and faculty of said institute for its general gov- 
ernment and for the admission of students thereto, the standards of 
scholarship to be maintained therein, and the graduation of students 
therefrom, shall be submitted to the state board of education for its 
approval. The Legislature shall make from time to time such appro- 
priations as may be necessary for the financial support of said institute. 

Sec. 152. The West Virginia Schools for the Deaf and the Blind — 
Name — ^Location — IVianagement — Purpose. The West Virginia school for 
the deaf and the blind heretofore established shall remain at Romney and 
be known as "The West Virginia Schools for the Deaf and the Blind," 
and shall be maintained for the care and training of the deaf and the 
blind of the State as provided by law. The schools shall be under the 
control and management of the state board of education and the state 
board of control as provided in this chapter for "other state educational 
institutions. 

Sec. 153. Admission. All such deaf and blind youth resident in the 
State, betAveen the ages of eight and twenty-five years, shall be admitted 
to the institution on application to the principal. It shall be the duty 
of the principal to keep a careful record of the names of all applicants, 



70 School Law of West Virginia 

with the dates of their admission and discharge, their age, post office 
address, the name of their parents or guardians, and the degree, cause 
and circumstances of their deafness or blindness. 

Sec. 154. Clothing. All such deaf and blind pupils shall be admitted 
as above directed without charge for board and tuition; and when not 
otherwise provided with clothing they shall be furnished therewith by 
the institution while they are pupils therein, and the principal shall 
make out an account therefor in each case against the respective coun- 
ties from which said pupils come, in an amount not exceeding forty dol- 
lars per annum for every such pupil, which account shall be sworn to by 
the principal and countersigned by the secretary, and which shall be 
transmitted by the principal to the auditor of the state, whose duty it 
shall be to transmit a copy of the same to the clerk of the county courts 
of the respective counties in which such pupils live, and the county courts 
of such counties shall thereupon, at their next session thereafter held for 
the purpose of making a county levy, include in such levy the amount of 
said account against their counties, and cause an order to be issued on 
the sheriff of the county in favor of the auditor of the state, and cause 
the same to be transmitted by the clerk of said court to the auditor 
whose duty it shall be to collect the same and place it to the credit of 
the institution, to be drawn out upon a requisition as a part payment of 
the current expenses of said school. If the same is not paid to the 
auditor by the respective counties from which they are due in a reason- 
able time, it shall be the duty of the auditor to collect the same by law. 

Sec. 155. Period of Attendance — Special Admissions. The pupils of 
said school may continue therein five years, and for as much longer 
as in the discretion of the board and principal their condition and 
progress would seem to justify. After all the applicants between the 
prescribed ages of eight and twenty-five years have been admitted, if 
there are accommodations, the principal may admit other deaf and 
blind persons who may be of suitable age to receive any advantage from 
the institution, and upon such terms as the board may prescribe; but 
it shall be distinctly understood that such persons shall withdraw from 
the institution in the order of their admission to make room for new 
applicants between the ages prescribed. 

Sec. 156. Course of instruction. The course of instruction in the in- 
stitution shall be prescribed by the state board of education with the ad- 
vice of the principal, and shall be as extensive both in the intellectual, 
musical and mechanical departments as the capacities and interests of 
the pupils may require. 

Sec. 157. Registration. In addition to their other duties the assessors 
of the State are hereby required to register in a book to be furnished 
them by the auditor for the purpose, the names of all the deaf and the 
blind persons in their respective districts, with the degree and cause 
of deafness and blindness in each case as far as can be ascertained, from 
the heads of the families, or from other persons whom the assessors 
may conveniently consult, their ages, the names of their parents or 
guardians, their post office addresses and such other facts as may be 
useful in making the said institution efficient in ameliorating the con- 



School Law of West Virginia 71 

ditions of the deaf and the blind. They shall complete the registration 
as early as possible and forward their report to the auditor who shall, 
if practicable, before the first day of July or as soon thereafter as 
possible, make an alphabetical abstract of all the facts furnished him 
by the assessors' reports and shall send the same by mail to the prin- 
cipal of the West Virginia schools for the deaf and the blind, and said prin- 
cipal is hereby further required to put himself into immediate cor- 
respondence with all the deaf and dumb persons of suitable age and 
condition mentioned in the auditor's abstract, with a view to their ad- 
mission as pupils into said school. 

Sec. 158. Compensation for Registration. The assessors shall re- 
ceive for the extra duties hereby imposed the same compensation as now 
allowed them for the registration of births and deaths, and shall be liable 
to the same penalties for failure to discharge their duties. 

Sec. 159. West Virginia Industrial School for Boys — Name — Location — 
Purpose — Management. The West Virginia reform school, established by 
chapter three of the acts of one thousand eight hundred and eighty- 
nine shall hereafter be known and designated as the "West Virginia in- 
dustrial school for boys" and shall be conducted in the buildings hereto- 
fore and hereafter erected for that purpose at Pruntytown in Taylor 
county. This school shall be exclusively charged with the care and 
training of male youth of the State, but white and colored shall be 
kept separate. It shall be managed, controlled and governed by the 
state board of control, as provided in chapter fifty-eight of the acts of 
one thousand nine hundred and nine and all subsequent acts relating 
thereto. 

Sec. 160. Commitments. Any male youth under the age of eightr-^en. 
and not under the age of ten years, may be committed to and received 
into the West Virginia industrial school for boys for the reasons and 
in the manner following: 

1. By a justice of the peace of the county in which he resides on 
complaint under oath and due proof made to him, by the parent, 
guardian or other person having the custody and control of such youth, 
that by reason of incorrigible or vicious conduct such youth has rendered 
his control beyond the power of the parent, or guardian or such other 
person, and made it manifestly requisite that, from regard for the 
morals and future welfare of such youth and the peace and order of 
society, he shall be placed in said school. 

2. By the same authority, upon complaint under oath and due proof 
before the justice that such youth is vagrant, incorrigible or vicious in 
disposition and conduct, and that his parents, guardian, or other person 
having custody of or authority to control him, are depraved or other- 
wise unfit, unwilling or unable to exercise care or discipline over such 
youth. 

3. By the several courts of this State, as provided in the next section. 
Sec. 161. Convicts. Whenever any male youth under the age of eighteen 

years, shall be convicted in any of the courts of this State of felony or 
a misdemeanor, punishable by imprisonment, the judge of said courts in 
his discretion, and with reference to the character of the industrial school 



72 School Law of West Virginia 



as a place of correction and not of punishment, instead of sentencing 
said youth to be confined in the penitentiary or county jail, may order 
him to be removed to and confined in the said industrial school, to re- 
main until he shall have arrived at the age of twenty-one years, unless 
sooner discharged by the state board of control. Male youth under 
eighteen years of age, convicted in any of the courts of the United 
States for the districts of West Virginia, of any offense punishable 
by imprisonment, may also be received into said industrial school upon 
such regulations and such terms for their maintenance and support as 
may be prescribed by the state board of control, and assented to by 
the proper authorities of the United States. 

Sec. 162. Data Accompanyinci Commitment. It shall be the duty of a 
justice of the peace when committing a youth to the industrial school 
under the first and second clauses of section one hundred sixty-three* 
of this act, in addition to the commitment, to annex to said commitment 
the names and residences of the different witnesses examined before 
him. and the substance of the testimony given by them respectively, on 
which the adjudication was found, together with full answers to such in- 
terrogatories respecting the history of the case and the mental and 
physical health of the youth, as shall be prescribed by the board of 
control, and furnished in printed form, on application, by the superin- 
tendent of the industrial school. 

Sec. 163. Proceedings for Commitment. In all proceedings before 
justices of the peace for commitment of youth to the industrial school 
under the first and second clauses of section one hundred sixty-three* 
of this act, the justice shall appoint some discreet and disinterested per- 
son guardian ad litem of such youth, whose duty it shall be to represent 
the interest of the youth and to see that no injustice is done him; and 
the guardian ad litem of the youth shall have the right to demand a jury 
of twelve men to try the truth of the charges made against the youth, 
and the jury shall be selected, and the trial shall be conducted in the 
same manner as is provided by law for the trial of criminal cases be- 
fore justices by juries. And the guardian ad litem or the youth shall 
have the same right of appeal from any final decision rendered against 
the youth in any such proceedings, whether upon a trial by jury or other- 
wise, as is allowed by law in other criminal cases tried before justices. 

Sec. 164. Commitment Fees. Justices, constables and jurors shall re- 
ceive the same fees in a proceeding for committing a youth to the in- 
dustrial school as are allowed by law for similar services in misde- 
meanor cases, and such fees shall be paid in like manner as fees of 
such ofl[icers and persons are paid in misdemeanor cases. 

Sec. 165. Conveyances of Youth to School — Expense. As soon 'as is 
practicable after a youth, on any account, is committed to the indus- 
trial school the papers in the case shall be mailed to the superintendent, 
and such youth shall remain in the custody of the court pronouncing such 
commitment, until he be delivered to an oflficer of the industrial school, 
who shall be sent without delay, and duly authorized by the superin- 
tendent to conduct such youth by the most direct and convenient route 

*I{pfers to section one liundrod sixty. 



School Law of West Virginia 73 



to the said school; but no youth committed to the industrial school shall 
be lodged in any jail or lockup, if he be under the age of twelve years. 
The superintendent shall, in so far as is consistent with the safe con- 
veyance of youth to the school, cause as many youths as may be com- 
mitted from the same or several counties to be conducted to the school 
at the same time. The expense incurred in conducting a youth to the 
industrial school, including transportation and other necessary traveling 
expenses of the youth and of his conductor, shall be paid by the county 
court out of the treasury of the county from which the youth was comit- 
ted to the school, and a written statement of such necessary expendi- 
tures, fully itemized and sworn to by the officer making such expendi- 
tures, and attested by the superintendent of the school, when presented 
to any county court, shall be a bill against such court, to be paid to the 
industrial school, and credited to that fund of the school from which the 
original expenditure was made; but when two or more youths shall be 
so conducted from more than one county, the necessary expenditure on 
the personal account of the conductor shall be apportioned among the 
counties concerned in due proportion to the mileage traveled by the 
youth from the respective counties. 

Sec. 166. Offenses. If any person shall entice or attempt to entice 
away from the industrial school any youth legally committed to the 
same, or shall aid or abet any youth to escape from the industrial 
school, or shall harbor, conceal or aid or abet in harboring or con- 
cealing, any youth who shall have escaped therefrom or shall, without 
the permission of the superintendent, give or sell, or aid or abet any 
other person to give or sell, to any youth in the industrial school, 
whether on the premises of such institution or otherwise, any money, 
firearms, intoxicating drinks, tobacco, cigarettes, or other articles what- 
soever, or shall in any way cause or influence, or attempt to cause or 
influence or aid or abet therein, any youth in the industrial school to vio- 
late any rule of the institution or to rebel against the government of 
said school in any particular, or shall receive by the hands of any such 
youth anything of value, whether belonging to the State or otherwise, 
such person shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be fined not less than ten, nor more than one 
hundred dollars, or be confined not more than twelve months in the 
county jail, or both fined and imprisoned as aforesaid, as the court may 
deem proper. And the superintendent, or any of his assistants or any 
one authorized in writing by him, or any sheriff, constable, policeman 
or other police officer, shall have power, and it is hereby made his duty to 
arrest any youth when in his power to do so who shall have escaped from 
said school, and return him thereto. 

Sec. 167. Transfers Between School and Penitentiary. In any case 
where a youth is committed to the industrial school for an offense 
punishable by confinement in the penitentiary and it is found by the state 
board of control that the industrial school is unable to benefit such 
youth, and that his presence is a detriment or menace to other youth 
in the institution, or to the general good of the school, he may be 
securely returned to the court which sent him, and said court shall there- 



74 School Law of West Virginia 

upon pass such sentence upon him as to confinement in the pentitentiary 
as may be proper in the premises, or as it should have done had it 
not sentenced him to the industrial school. And the governor shall have 
power, when in the judgment of the warden of the penitentiary and of 
the superintendent of the industrial school, it is advisable, to remit the 
penalty of any offender under the age of eighteen years confined in the 
penitentiary, to a commitment to the industrial school. 

Sec. 168. Payments by Counties of Costs of Detention — Reimburse- 
ment. The county court of every county shall pay into the state treasury 
the sum of fifty dollars a year on account of each youth from the county 
who shall be received in said school of the first, second or third classes 
mentioned in section one hundred sixty-three*. But in all cases of youth 
received in said school of the first class mentioned in section one hun- 
dred sixty-three*, the parent, if of sufficient means, and the guardian 
where the youth has suflacient estate, shall annually reimburse the 
county the amount paid into the state treasury, by virtue of this section, 
on account of such youth mentioned in the first class of section one hun- 
dred sixty-three* and the county court of such county shall have a right 
to recover the same of such parent or guardian in any court of com- 
petent jurisdiction. 

Sec. 169. Lists of Inmates for Auditor — Application of County Funds. 
The superintendent of said school shall before the tenth day of January 
in each year, make out and certify to the auditor and the state board of 
control each a list by counties of all such youth as are mentioned in 
the preceding section, who are kept in the school during the preceding 
year or any part of it, showing as to each youth what part of the year he 
was so kept in the school, and to which class he belonged. On re- 
ceiving such list the auditor shall charge to each county fifty dollars on 
account of each youth who was kept in such school during the preceding 
year, and a proportionate amount on account of each youth kept in 
school for any part of such year less than the whole. Any money in 
the treasury of the state to the credit of any such county from whatever 
source arising, and not appropriated to pay any other debt of the county 
to the State, shall be applied, so far as necessary to the payment of the 
sums so charged; if any sum in the treasury due the county shall not 
be sufficient to pay the whole amount so charged against it, such sum 
shall be applied as a credit on the amount charged, and the balance 
shall remain a charge against the county. 

Sec. 170. Certification of List and Credits to County Court — Levy^ 
Compelling Payment. Within ten days after receiving such list the audi- 
tor shall certify to the county court of such county a list of the youth 
from the county in such school, stating the class to which each belongs, 
the length of the term during the year he was in such school, as shown 
by the list certified by the superintendent and the amount due from the 
county on his account and the total amount due on account of all. He 
shall credit on such statement whatever amount has been applied as a 
payment thereon from any funds of the county in the treasury. Such 
statement shall be a receipt to the county for any amount so credited, 

♦Refers to section one hundred sixty. 



School Law of West Vikginia 75 



and shall be a bill for any amount still appearing to be due from the 
county. Unless the bill shall have been paid by the application of 
funds of the county in the state treasury, the county court shall at its 
next levy term provide for the payment of the same, or such part as 
may not have been paid, and cause the amount to be paid into the state 
treasury. If the amount so due from any county be not paid in a 
reasonable time after such levy term, the auditor may, in the name of the 
State, apply to the circuit court of the county for a mandamus to re> 
quire the county court to provide for and to pay the same, or he may 
proceed in the name of the State by any other appropriate remedy to 
recover the same. 

Sec. 171. Parole. The state board of control shall have authority, 
under such rules and regulations as they may prescribe, to grant, on 
recommendation of the superintendent, a parole to any inmate of the 
industrial school; but while said inmate is on such parole, and until 
he is discharged according to law, he shall remain in legal custody of 
the board of control and subject at any time to be returned to the in- 
dustrial school, if in the judgment of the board the interests of such 
paroled inmate will best be served thereby. The written order of said 
board, certified by the superintendent shall be sufficient warrant for any 
officer named therein to arrest and return to the school said paroled 
inmate, and it is hereby made the duty of any peace ofiicer, or other per- 
son, so named, to make such arrest and return such youth to the in- 
dustrial school. All actual expenses incurred in returning to the school 
paroled inmates shall be paid out of funds appropriated for the mainten- 
ance of the industrial school. 

Sec. 172. Industrial Home for Girls — Name — Location. "The West 
Virginia Industrial Home" shall remain where now located. 

Sec. 173. Admission. Girls eligible to be received into said home are 
those who are from seven to eighteen years of age, and who may be 
committed by any justice of the peace of this State, on complaint and 
due proof made to him by the parent, guardian, or next friend of such 
girl, that by reason of incorrigible or vicious conduct, such girl has 
rendered her control beyond the power of such parent, guardian or next 
friend, and made it manifestly best that such girl should be placed in 
said home, or by any criminal, circuit or intermediate court of this 
State. Girls may be committed for vagrancy up to eighteen years of 
age, or where parents, guardians, or next friends agree and contract 
with the state board of control for their support and maintenance, or 
girls up to fifteen years of age, who may be found in houses of ill 
fame or assignation houses, upon conviction thereof before any justice of 
the peace, mayor of a town or city; or girls convicted by any of the 
courts of this State of felony or misdemeanor, punishable by imprison- 
ment, the judge in his discretion, instead of confining such girl in the 
county jail or sending her to the penitentiary, may transfer such girl so 
convicted to said home, from any county of this State; provided, there 
is room for such girl. Every girl committed to said home shall remain 
there until she is twenty-one years of age, unless sooner discharged by 
the state board of control. 



76 School Law of West Virginia 



Sec. 174. Data Accompanying Commitment — Return and Sentence. 

It shall be the duty of the justice of the peace, mayor or other authority, 
when committing any girl to said home, in addition to the commitment, 
to annex the name and residence of the witness examined, and the sub- 
stance of the testimony given on which the adjudication was founded, 
as well as the name and residence of the girl, the name of her parents, 
and their residence, if known. Any girl who may be found incorrigible, 
or pregnant, or otherwise an improper subject for admission to said in- 
stitution, may be returned by the board of education to the court, justice 
or other authority by whom she was committed, and thereupon such 
court, justice or other authority, shall have power to pass sentence as 
would have been legel in the first instance, as if such girl had not been 
sent to said home. 

Sec. 175. Trial on Complaint. In all cases coming before a justice, 
mayor, or other authority, they shall appoint a guardian ad litem, for such 
girl, who shall be some disinterested person, discreet and careful, and 
who shall see that no injustice is done the girl; and he shall have the 
right to demand a trial for his ward by a jury of twelve men to ascertain 
the truth of the charges against the girl, and said jury shall be selected 
and trial conducted, as other trials are conducted by justices in crim- 
inal cases before them. Or, said justice or court may, without a jury, 
try such girl, if no jury is demanded by her guardian or next friend. 

Sec. 176. Separation of Races. The said industrial home shall e ex- 
clusively charged with the reformation and care of girls, but white and 
colored shall be held separate as far as practicable. 

Sec. 177. Binding Out Inmates as Apprentices. The board of control 
shall have power to bind out such girls as committed to their care as 
apprentices to the time said girls shall arrive at twenty-one years of age, 
to learn some proper trade, business or calling, on such terms as shall 
be advantageous to such girls; but such girls so bound out, are to be 
bound only to those whose characters are above reproach, and within the 
State. 

The indentures by which any girl may be so bound shall state for 
what period she is bound, her age, what trade, art or business she is to 
follow, and that the master shall see that for at least five months in 
each year said apprentice shall be sent to the free schools of the state, 
and shall be bound to furnish school books requisite to learn the usual 
branches taught; the amount to be paid said child for each year, if any- 
thing above the maintenance of said child, and for what year or years, 
and the master shall bind himself with good security to pay the amount 
agreed upon, which sum of money, if any, contracted to be paid, shall 
be reserved, to be paid said girl or girls so bound, when their apprentice- 
ship shall cease with interest, and said board shall not bind out any girl 
under the provisions of this act unless the master bind himself to comply 
with the conditions thereof, and whatever salary said master shall give, 
shall be paid to the state board of control; and it shall be the duty of 
said board to collect the same according to the tenor or effect of such con- 
tract, and turn the same over to the girl when she arrives at twenty- 



School Law of West Virginia 77 

one years of age, or sooner if she marries, when the same shall be turned 
over to her. 

Sec. 178. Cruelty to Apprentices. For cruelty or inhuman treatment 
by such master of such apprentice, the circuit court of the county in 
which such master or apprentice may reside, or any justice of the peace 
of any such county shall have jurisdiction to try same, and upon con- 
viction of such master for cruel or inhuman treatment of such child, 
such master shall be fined not less than ten nor more than one hundred 
dollars, and may in addition thereto be confined in jail not to exceed 
ninety days. 

Sec. 179. Removal of Apprentices — Escapes. No master can remove 
such child out of the county where she has been bound by such board, 
except on the written permit of such board; and any person who shall 
aid or assist any girl who has been committed to said institution, or who 
is subject thereto, to escape from any other home or other place where 
she has been placed by the officers of the said institution, or who shall 
aid or assist any such girl to leave this state, shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be fined not less than five 
nor more than twenty-five dollars, and any justice of the county wherein 
such offense is committed shall have jurisdiction thereof. 

Sec. 180. Jurisdiction of Apprentices — ^By Circuit Court — Desertion. 
The circuit court of the county shall in a summary way be open to hear 
any complaint of such master against his apprentice or to said apprentice 
against the master, and shall make such order in relation thereto as it 
shall deem fair and right. Any apprentice who shall desert the service 
of such master shall receive no pay (if the pay exceed the maintenance), 
while such desertion continues, and anyone who shall knowingly harbor 
such apprentice shall be liable to said master three dollars for every 
day such harboring or concealing such apprentice exists, to be recovered 
before any court having jurisdiction. 

Sec. 181. Otiier State Educational Institutions. On and after the 
first day of July, one thousand nine hundred and nineteen, the West 
Virginia schools for the deaf and the blind, and such other state edu- 
cational institutions as may hereafter be established by the legislature, 
shall be under the control and management of the state board of edu- 
cation and the state board of control, as provided in this act for other 
state educational institutions. 

Sec. 182. Shall Make Reports. On the first day of October of each 
year or as soon thereafter as practicable, the state board of education 
through the state superintendent of schools, shall make to the governor 
a full report concerning the state educational institutions (a copy whereof 
shall be filed with the state board of control at the same time) which 
shall show the number of persons employed about each of the said in- 
stitutions; the official designation of each of such persons, and the amount 
and rate of compensation paid to him; and shall report the amount dis- 
bursed by them of any funds under their control, stating the purposes 
for which expended and the amount expended for each purpose, and the 
number of days actually engaged by the persons employed about each of 



78 School Law of West Virginia 

their said institutions, including teachers and professors. Said report 
shall also show the number of students actually attending each of said 
institutions, and the number of students enrolled in each school or de- 
partment of each of said institutions, and the total cost of each of said 
schools or departments; and shall make special reports to the governor as 
he may request; and may make recommendations respecting legislation 
needed to promote the welfare of their institutions. 

The state board of control and the state board of education shall from 
time to time as may be necessary, make a report to the auditor, which 
shall state the names of each person employed by each of them at any 
of the institutions named in section seven of this act, his official desig- 
nation and the rate of compensation per month (or by the day or week 
if employed for less than a month) and out of what funds or appropri- 
ation the same is payable. The chief offlcef or head teacher of any such 
institutions, or other person who may have been appointed for the purpose 
by the state board of control, shall make out and certify to the auditor at 
the end of each month a list of persons to whom any payments may be 
due, stating for what purpose due, the amount due each person and the 
fund or appropriation from which payable; one copy whereof shall be 
filed in the office of the institution where made, and one in the office of 
the state board of control. If the auditor finds such list correct and in 
accordance with the reports made to him by the state board of control, 
or the state board of education, he may pay to the persons entitled there- 
to the amounts so certified as due each. 

Sec. 183. Voting of Bonds. In any district or independent distiict the 
board of education may borrow money and issue bonds therefor, for the 
purpose of purchasing school sites, and erecting, completing, enlarging, 
repairing or furnishing school buildings in such district or independent 
district; provided, however, that no such debt shall be contracted under 
this section unless all questions connected therewith shall have been 
first submitted to a vote of the people of such district or independent dis- 
trict, at a general or special election, and have received a majority of 
three-fifths of all the votes cast for and against the same; provided, 
further, that no debt shall be contracted under this section which shall, 
including existing 'indebtedness, in the aggregate, exceed two and one- 
half per centum of the value of the taxable property in the district or 
independent district, as ascertained by the last assessment thereof for 
state and county taxes, nor without at the same time submitting to the 
voters of such district at the election held for the purpose of authorizing 
bonds, the question of authorizing a special levy sufficient to pay the in- 
terest annually on all the outstanding bonds and to retire annually a 
proportionate amount of the principal of such bonds. If a majority of 
the votes cast at such election be in favor of such levy, the board of edu- 
cation shall have authority to lay such levy and may continue to lay the 
same or such poi'tion thereof as may be necessary, from year to year, 
without an additional vote, until such bonded indebtedness is paid off 
and discharged; but the funds arising from such levy shall be used for 
the purpose designated, and no other. 



School Law of West Virginia 79 

Such bonds shall not be issued for a longer period than twenty years, 
nor shall they be sold for less than their par value, nor bear interest 
at a greater rate than six per centum. They shall be issued serially in 
equal installments, so that after the first five years from the date of their 
issue one of the series will fall due and be payable in every year of 
the remaining period of their issue. Such bonds shall also contain a 
provision authorizing the board of education after five years from the date 
of issue to pay any or all of the remaining outstanding bonds at any 
interest period, by notifying the holders of such bonds by letter, if the 
names and postofRce addresses of such holders be known to the board, 
and by giving at least sixty days' notice by publication in one or more 
newspapers, said bonds to be retired in the order in which they fall due. 

The issuance of such bonds shall be in accordance with the provisions 
of chapter fifty-seven of the acts of the Legislature of one thousand nine 
hundi-ed arid seventeen (regular session.) 

Sec. 184. School Elections — ^How Held. Any and all elections author- 
ized by this act, for school purposes, may be held separately or in con- 
nection with any general or special election. Notice of such election 
shall be given by the publication of the order of the board calling the 
same, in two newspapers of different political parties and having gen- 
eral circulation in the territory in which the election is to be held, at 
least once each week for two successive weeks. If there is only one 
newspaper in general circulation in the territory in which the election 
is to be held, then the notice of publication shall be made therein. 
Printed copies of the aforesaid order shall be posted at each place of 
voting at least ten days before the election. All provisions of the law con- 
cerning general and special elections shall apply in such elections insofar 
as is practicable, except that the board calling the election shall appoint 
necessary election officers and shall canvass the returns, and the secre- 
tary of the board shall procure and furnish to the election commissioners 
at each place of voting the tickets, poll books, tally sheets and other 
things needed. In calling elections, district and county boards of educa- 
tion shall follow the forms to be prescribed by the attorney general. 

Section 184-a. For the purpose of providing for a levy for the support 
of free schools in every county, district or independent school district 
of this state, the question of authorizing a levy for school purposes shall 
be submitted to the voters thereof at the general election held on Tuesday 
after the first Monday in November, one thousand nine hundred and 
twenty-two, and the board of ballot commissioners of each county afe 
hereby required to prepare separate ballots from that of the official bal- 
lot to be voted at said election and shall have printed thereon the fol- 
lowing: 

Ballot on School Levy 

[ ] For School Levy 

[ ] Against School Levy 
The several officers conducting the said general election at each place 
of voting shall conduct the election on the question of school levy and 
canvass and certify the result thereof to the commissioners of the county 



80 School Law of West Virginia 

court in the same manner, as far as applicable, as they are required to 
conduct and certify the result of the said general election; and the 
county court shall promptly certify the result of the election on the ques- 
tion of school levy to the board of education of each district or inde- 
pendent school district in the county; and the said certificate shall be 
entered by the secretary, as a part of the minutes or records of the 
board of education. 

If a majority of the ballots cast at said general election in any district 
or independent school district be in favor of school levy, the board of 
education of such district shall annually thereafter levy for the support of 
schools in their district in the manner provided by lavir for school levies 
until such time as an election may be again held 'on the question of 
school levy as hereinafter provided. 

The board of education of any district or independent school district, 
shall upon petition of forty per cent of the registered voters, as shov^^n 
by the last registration of the district or independent school district, 
again submit the question of school levy to the voters of such district, 
the election to be held as provided in section one hundred and eighty- 
four of this chapter and this act, as far as practicable. 

SHERIFFS— DUTIES AS TO SCHOOL FUNDS 

Sec. 185. Collections and DiGbursement cf School Money — Bond. 

The sheriff of the county shall receive, collect and disburse all school 
money for the county and the several districts and independent districts 
therein. But before receiving or collecting any such school money he 
shall give in addition to his bond as collector of the state and county 
taxes, a bond with approved security in a penalty double the amount 
of school money which will probably come into' his hands for school 
purposes during any one year of his term of office. 

Sec. 186. Pay Orders. He shall keep accounts with the boards of 
education of the various districts and independent districts of the money 
belonging to the several funds, as provided by law, and shall credit every 
receipt and charge every disbursement to the fund to which it belongs. 
He shall pay out no money except upon orders of the respective boards 
specifying the amount to be paid, the purpose for which paid and the 
fund to which it is to be charged, signed by the president and secretary 
and countersigned by the county financial secretary, or by the president 
and one other member, as prescribed in section ninetj^-three* of this 
act, and countersigned by the county financial secretary. 

Sec. 187. Annual Settlement with County Financial Secretary. He 
shall on or immediately before the first day of July in each year, settle 
with the county financial secretary for each district and independent 
district in the county. In this settlement he shall be charged with the 
amount of taxes and of general school fund apportioned to each district 
or independent district by the county superintendent and the amount of 

♦Refers to section ninety. 



School Law of West Virginia 81 



taxes levied by the board of education upon the property of each district 
or independent district for the teachers' fund, for the building fund and all 
other school funds, and for any other money received by him during the 
current year on account of the free schools of such district or independent 
district; and he shall be credited with the amount of delinquent school 
tax in such district or independent district that has been duly certified 
by the clerk of the county court to such board of education. 

If any county financial secretary fails to make the settlement required 
by this section, with the sheriff within the proper time as aforesaid, he 
shall be guilty of a misdemeanor and upon conviction thereof be fined 
twenty dollars, the proceeds of which fine shall be placed to the credit 
of the building fund of the district for which said settlement is not made. 

Sec. 188. Payments in Excess. He shall be credited in such settlements 
with all orders paid and produced by him, if found to be correct by the 
board of education, and he shall receive no other credits except his com- 
mission as hereinafter provided. If any sheriff shall pay out in any one year 
more money on account of the teachers' funds or of the building funds 
or of any other fund, than shall have been levied and could have 
been collected by him during said year together with the amount re- 
maining in his hands from any preceding year, he shall in such settle- 
ment receive no credits for such excess. 

Sec. 189. Method of Settlement. In making said settlement it shall be 
the duty of the sheriff to prepare and present to the said hoard of edu- 
cation in duplicate separate lists of all the credits claimed by him against 
each of the several school funds collected by him showing the amount, 
date and number of each voucher or order, and to whom payable, together 
with the statement of the proper debits to the several funds to which 
he is chargeable; which lists and statements together with the vouchers 
claimed as credits by the sheriff shall be endorsed by the secretary of 
the board on the back of each with the words "Settled by board of 
education," under which the secretary shall sign his name and enter the 
date of the settlement, and said statements and lists as corrected shall 
be signed by said sheriff and by the president and secretary of the said 
board of education in duplicate, one copy to be retained by said board and 
the other, together with the vouchers and orders shall be turned over 
to the sheriff, who shall as soon as may be deliver them to the clerk of the 
county court, and the same shall serve as a basis for the settlement re- 
quired by section seven of article twelve of the constitution, and section 
one hundred and ninety-three* of this act. 

Sec. 190. Settlement with County Court. In addition to the settle- 
ments required by the sheriff with each board of education, every sheriff 
shall also make the annual settlements by districts with the county court 
of his county at the next term after the first day of July in each year, 
showing an itemized statement of all money disbursed for the preceding 
year on account of the building fund, the teachers' fund, and any other 
school funds in his hands, showing the amount, date and number of each 
credit voucher and to whom payable, and the balance due each district 

♦Refers to section one hundred ninetj\ 



82 School Law of West Virginia 

and independent district on each of said funds, which settlement shall 
be made a matter of record by the clerk of said court in a book kept for 
that purpose. 

Sec. 191. Corrections in Settlement. But the settlement made by t.ie 
sheriff with the several school districts of the county, as provided in sec- 
tion one hundred and ninetyt of this act, when found correct and properly 
signed and turned over to the clerk of said court as required by section 
one hundred and ninety-two* of this act, may be taken and treated as the 
settlements required to be made and recorded by section one hundred 
and ninety-threet of this act; provided, lioxvever, that the prosecuting 
attorney or any taxpayer of the county may appear before said court for 
the purpose of making corrections in said report, and said court may 
hear said objections, after reasonable notice to the sheriff and board of 
education and make such corrections as may be proper, and when cor- 
rected said settlements shall be recorded; and said settlement and vouch- 
ers turned over to the clerk of said court shall be filed by said clerk by 
districts. 

Sec. 192. Failure to Account for or to Pay Orders. If he shall fail to 
account for and pay over as required by law any money which may 
come into his hands or for which he is liable, judgment may be rendered 
therefor against him and his sureties with interest and ten per cent 
damages; and upon the failure of such sheriff to pay any proper order 
issued by the said board of education, the person entitled to receive 
the sum of money specified in such order may require the sheriff to en- 
dorse thereon or write across the face thereof the words "presented for 
payment" with the proper date and sign the same, and judgment upon 
motion after at least ten days' notice may be obtained against the sheriff 
before any justice of his county or before the circuit court thereof, with 
interest from the time said order was presented and ten per cent dam- 
ages. But a sheriff shall not be required to endorse any school order nor 
shall suit be brought on any such school order prior to the first day of 
November of the current school year. 

Sec. 193. Failure to Settle. If any sheriff fails to make the settle- 
ment required by section one hundred ninety* of this act at the time 
required, without reasonable cause therefor, he shall be charged in said 
settlement with twelve per cent interest on all school money in his hands 
for the time he is in default in making the said settlement. If the 
sheriff fails to make the said settlement at the time required it shall 
be the duty of the prosecuting attorney to proceed by action against him 
and his sureties in the cii'cuit court to recover the fine and penalty 
imposed upon him by this section and by section one hundred ninety-five 
of this act. 

Every retiring sheriff shall immediately after he shall have made his 

final settlement in the manner herein provided, pay and turn over to his 

successor in office such balance as may be shown to be due from him by 

said settlement. 

tliefers to sectiou one hunilrod eiarlity-si'vcii. 
♦Refers to soction one huTidrort eip;lit.v-soven. 
tRefers to section one hundred ninctv. 
tRcfers to section one hundred ninety-two. 



School Law of West Vieginia 83 

Sec. 194. The provisions of this act shall in no manner infringe upon 
the powers and privileges heretofore granted by any special act or acts 
to any independent school district in the State; and any independent 
school district may avail itself of any of the provisions of this act as 
determined by the board of education of said independent district. 

Sec. 195. All acts and parts of acts inconsistent with this act are 
hereby repealed. 



SCHOOL LEVIES AND SCHOOL FUNDS 



(Being that part of Chapter 126, Acts of the Legislature of 1919, Regular 
Session relating to School Levies and School Funds) 



Section 1. The county court of every county, the board of education of 
every school and independent school district and the common council or 
other fiscal body in lieu thereof of every municipal corporation, shall 
hold a session on the second Tuesday in August in each year for the trans- 
action of business generally, and especially for the transaction of busi- 
ness as herein required. 

Statement and Levies by Boards of Education 

Sec. 5. At its session held on the second Tuesday in August as afore- 
said, the board of education of every district and independent district, 
except the independent district of Wheeling, shall, if a majority of the 
ballots cast upon the question of laying a levy in the district or inde- 
pendent district as provided in chapter forty-five of the code have printed 
or written thereon "For school levy," ascertain the condition of the 
fiscal affairs of the district and make up an itemized statement thereof 
distinguishing between elementary and high schools and the various 
funds hereinafter provided for each, which statement shall set forth 
in detail: 

First — The separate amounts due the various funds of the district, 
and the amounts that will become due and collectible during the 
current fiscal year except from the levy of taxes to be made for the 
year. 

Second — The debts and demands owed by the district, and the debts 
and demands that will. become due and payable during the current fiscal 
year, induing interest on any ' indebtedness, funded, bonded or other- 
wise. 

Third — All other expenditures under the several heads of expendi- 
tures, to be made and payable out of the levy of the district for the 
current fiscal year, with proper allowances for delinquent taxes, exoner- 
ations and contingencies. Said statement shall' also set forth the sep- 
arate amount necessary to be raised for each fund by the levy of taxes for 
the current fiscal year, the pi'oposed rate of such levy in cents on each 
one hundred dollars assessed valuation of the taxable property in the 
district for each of such funds, and the separate and aggregate amounts 
of the assessed valuation of real estate, personal property, and public 
utility property assessed by the board of public works. A copy of such 
statement duly certified by the secretary of the board shall immediately 
be forwarded to the state tax commissioner, and said statement shall. 



86 School Law of West Virginia 

before the next meeting of the board, be published once in two news- 
papers of opposite politics in the county, if there be two such newspapers 
of general circulation in the county. If there be but one newspaper 
published in the county, the publication shall be made therein. The 
session shall then stand adjourned until the fourth Tuesday in August, at 
which time it shall re-convene and proceed in all respects as provided 
in section two. After having entered the statement as finally approved 
in its book of record or proceedings, the board shall thereupon levy 
as many cents on each hundred dollars assessed valuation of the tax- 
able property in the district, according to the last assessment thereof, 
as will produce the amounts shown by the statement approved to be 
necessary as follows: 

For Elementary School Purposes. 

(a) For maintenance fund purposes, for defraying the maintenance 
expenses for a fiscal school year, a levy not to exceed fifteen cents. 

(b) For teachers' fund purposes, a levy not to exceed forty cents 
for the purpose of maintaining the schools of the district for a minimum 
term, or for a longer term where the same has been extended by or ac- 
cording to law. In case, however, the levy hereunder, including the 
supplemental apportionment of the general school fund hereinafter pro- 
vided, will not produce a sufficient fund to pay minimum salaries to a 
sufficient number of teachers for all the schools of the district for the 
minimum term it shall be the duty of the board of education to lay an 
additonal levy to make up the deficiency in the teachers' fund. 

(c) In any district or independent district where the term of school 
has been, or shall hereafter be, extended for a longer period than the 
minimum term by a majority of the votes cast at an election therein 
as provided by law, and the maximum rate of levy hereinbefore provided 
for maintenance building fund purposes and teachers' fund purposes will 
not provide sufficient funds to defray the expenses of the term provided 
by such election, the board of education shall lay a levy sufficiently high 
to provide the funds necessary to conduct the schools in such district for 
the term provided by such election, and such levy shall be separated 
into, and designated as, maintenance building fund levy, and teachers' 
fund levy. The term of school fixed by such election shall continue 
from year to year so long as a majority of the votes cast at the elec- 
tion at which the question of "school levy" is submitted, be in favor 
of such "school levy", or until the term so fixed shall be changed by 
a majority vote of the people in such district. 

(d) If the majority of the taxpayers of a sub-district within an in- 
corporated municipality, the boundaries of which sub-district are, or shall 
be made, co-extensive with the boundaries of such municipality, file 
with the board of education of the district in which such sub-district is a 
part, at their meeting on the second Tuesday in August, a petition pray- 
ing for an extension of the school term therein for a given number of 
months, the board shall extend the term of such school for the number 
of months, prayed for In such petition, and shall lay levies sufficiently 



School Law of West Virginia ' 87 

high on each one hundred dollars' assessed valuation of the taxable prop- 
erty in such sub-district according to the last assessment thereof, for 
such extension, which levies shall be separated into and designated as 
maintenance building fund levy and a sub-district teachers' fund levy. 
Provided, however, that any such petition properly filed with the sec- 
retary, shall authorize said board of education to lay such levies, at 
any regular levy term within four years thereafter, unless the same be 
rescinded by a similar petition requesting that the same be revoked. 

For High School Purposes. 

For high school purposes, including junior high schools, and for the 
purpose of paying the tuition of high school pupils in districts which do 
not have regularly established high schools, under such regulations 
as are prescribed by law, the said board shall levy a rate sufficiently high 
to defray the expenses for such high school purposes for the current 
fiscal year. This levy, other than for paying high school tuition shall be 
divided into maintenance fund purposes and teachers' fund purposes. 

For New Building and Improvement Fund Purposes. 

For new building and improvement fund purposes, for the purchase of 
land and for the purpose of erecting and equipping buildings for ele- 
mentary and high school purposes, for the pui'chase of furniture and 
apparatus, for rent and permanent improvements of old buildings, a 
levy not to exceed twenty cents. Where, however, an exigency exists 
for additional housing, and the levy herein provided is not sufficient 
to provide the necessary funds an additional levy hereunder may be laid 
not to exceed twenty cents, but the levy shall not be made until the 
grounds showing the emergency shall be fully set out in an order made 
and entered of record by the board of education and then submitted 
to and approved in writing by the state superintendent of free schools 
and the state tax commissioner. 

Sec. 7. The General School Fund. The proceeds of the capitation tax, 
the income of the school fund, the net proceeds of all forfeitures and 
fines which accrued to the state during the previous year and all moneys 
arising from the sources named in section four of article twelve of the 
constitution heretofore going to the "school fund" but as now amended 
going to the "general school fund," all interest on public moneys received 
from state depositories, state license tax on marriage, state tax on for- 
feitures, state tax on state licenses except motor vehicles and state 
licenses paid direct to the state auditor and secretary of state, and all 
funds from any source paid into the treasury for school purposes and not 
otherwise appropriated, shall be set apart for the support of free schools, 
as a separate fund to be called "the general school fund." 

Such funds shall be used for the following purposes in the order enum- 
erated, preference being given likewise: 

First — To pay the salary of the state superintendent of free schools 
his necessary traveling expenses not to exceed five hundred dollars, the 



School Law of West Vieginia 



contingent and other expenses of his office, and the salaries of county 
superintendents. 

Second — To supplement the teachers' fund of elementary schools in dis- 
tricts where the maximum levy for teachers' fund purposes will not 
provide sufficient funds to pay the minimum salaries to a sufficient num- 
ber of teachers for all the first eight grades of the public schools. 

Third — To supplement the maintenance fund of elementary schools in 
districts where the maximum levy will not provide sufficient funds to 
pay the actual maintenance expenditures for the minimum term. 

Fourth — To supplement the elementary teachers' fund to an amount 
equal to the amount accruing from any additional levy in excess of forty 
cents on the one hundred dollars, which levy has been fixed according to 
law and which is for the purpose of augmenting teachers' salaries and 
for the employment of district supervisors. Provided, that no district 
shall benefit or be given aid hereunder for the payment of teachers' 
salaries in excess of the minimum salaries increased by ten per cent, for 
the minimum term as fixed by general law, and one hundred and fifty 
dollars per month for district supervision. 

Fifth — To pay state aid to high schools under such regulations as are 
provided by law. 

Sixth — To aid school districts (not independent districts) which main- 
tain standardized schools under such regulations as are prescribed by 
law. 

Seventh — Anv balance remaining in said general school fund in any 
fiscal year shall be distributed to the various school districts and inde- 
pendent school districts of the state on a basis of the enumerated youth 
of school age. 

It shall be the duty of the auditor, on or before the twentieth day 
of Jnlv in each year, to ascertain the amount of the general school fund 
for distribution, after first deducting the aggregate salary of the state 
superintendent of free schools, his necessary traveling expenses not 
to exceed five hundred dollars, the contingent and other expenses of his 
office, and the salaries of county superintendents, and to notify the state 
superintendent of free schools thereof. 

The state superintendent shall thereupon ascertain the needs for 
the various purposes in the order and preference numerated above whose 
dutv it shall be to deposit with the treasurer of the board of education 
to the credit of such fund, the amounts to which such district is en- 
titled. 

But before making requisition on the auditor for the supplemental aid 
herein provided, the state superintendent shall inform himself of the 
conditions existing in such districts applying for aid as to the number 
of teachers employed, the number of pupils enrolled, the enforcement or 
the compulsory school law and other matters that pertain to the progress 
of the public schools of the district and shall require from all boards 
of education asking such aid, on forms to be prescribed and furnished 
by him, a financial statement thereof supported by affidavits showing 
the needs existing in such districts, the necessity for such aid and that 
the law authorizing such aid has been complied with. 



School Law of West Virginia 89 

The state superintendent shall also notify the county superintendent 
of each county to which supplemental aid is furnished the amount 
thereof, who in turn shall notify the boards of education of such districts 
as receive such supplemental aid of the amount thereof apportioned to 
such district and that the same can not be drawn by them until they 
have fully complied with the law under which such aid is authorized. 

Sec. 9 (a) If any county court, board of education, or common council 
of a municipal corporation be of opinion that the maximum rate of 
levy of taxes hereinbefore named in section two-a as to counties, or in 
section five as to elementary and high schools, in school districts, or 
in section eight as to municipalities, will not produce sufficient funds 
for the current fiscal year to cover the expenditures for the year in 
the county or school district, or municipality, as the case may be, it may 
enter an order on its record book of proceedings setting forth the pur- 
poses for which additional funds will be needed, the amount thereof 
for each purpose, and the total thereof, the separate and aggregate 
amount of the taxable property on which it is authorized to levy taxes 
and the rate of levy in cents on each one hundred dollars assessed 
valuation of such property necessary to produce the additional amount 
estimated to be needed; and in the same order submit to the voters 
of the county, the school district or the municipality, as the case may 
be, at an election therefor, the question of such additional levy. If 
a majority of the votes cast on the question at such election be in favor 
of such additional levy, the court, board or council, as the case may be, 
shall have authority to make such additional levy, but the same shall 
not exceed twenty cents on each one hundred dollars assessed valuation 
of the taxable propery in the county, school district, or municipality, ac- 
cording to the last assessment thereof. 

(b) If any county, school or independent school district, or municipal 
corporation has, at the time this act goes into effect, an outstanding 
bonded indebtedness where no provision has heretofore been made to pay 
the interest on such bonds and provide a sinking fund for the discharge 
of the principal of the same at maturity, the county court, the board of 
education, or the municipal council, as the case may be, shall lay a levy 
sufficiently high to pay the interest and provide a sinking fund for the 
discharge of the principal of such bonds at maturity and shall continue to 
lay the same from year to year until such bonded indebtedness is liqui- 
dated. The funds arising from such levy shall be used for the purposes 
for which levied and no other. 

(c) If any county, school or independent school district or municipal 
corporation, creates in the future a bonded indebtedness according to 
law, the county court, board of education, or municipal council, as the 
case may be, shall enter an order on its record book of proceedings set- 
ting forth the maximum rate of levy necessary in each year to pay the 
interest and lirovide a sinking fund for the discharge of the principal 
of the bonds at maturity; and in the same order submit to the voters 
of the county, district or municipality, as the case may be, at the elec- 
tion held for the purpose of authorizing the bond issue, the question of 
such levy. At such election there shall be printed on the ticket a brief 



90 School Law of West Virginia 

statement of the levy herein provided for, such as "To authorize a maxi- 
mum special bond levy of cents to pay the interest on, and 

cents to provide a sinking fund for the discharge of the principal of the 

bonds now being voted for according to the order of entered 

on the day of ". And directly underneath, in 

two separate lines, shall be printed the words "For the levy" and "Against 
the levy." In all respects the provisions of the laws concerning general 
elections and elections under the provisions of this act shall apply to 
such election as far as they are practicable. If a majority of the votes 
cast at such election be in ."avor of such levy, the county court, board 
or council, as the case may be, shall have authority to lay such maxi- 
mum levy, and it may continue to lay the same, or such portion thereof 
as is necessary, from year to year, without an additional vote, until 
such bonded indebtedness is liquidated; but the funds arising from 
such levy shall be used for the purposes for which levied and no other. 

Elections 

Sec. 10. The election authorized in section nine may be held at any 
general election, or at a special election held for the purposes herein 
stated. Notice thereof, however, shall be given by publication of the 
order of the court, board of education, or council, calling the same, 
in two newspapers of general circulation in the territory In which 
the election is held, and of opposite politi'cs, at least once in each week 
for two successive weeks before the election, and printed copies of said 
order shall be posted at each place of voting at least ten days before the 
election. If there be only one newspaper published in the county, the 
publication shall be made therein. All the provisions of the law con- 
cerning general elections shall apply to such election as far as they 
are practicable, except as follows: A separate ticket shall be used at 
such election heM in connection with any other election. On such ticket 
shall be printed a brief statement of the question submitted such as 
"Special election to authorize levy of cents, ac- 
cording to the order of the , entered on the 

day of " and directly underneath in two 

separate lines, shall be printed the words "For the levy" and "Against 
the levy." Those favoring the levy shall erase the words "Against the 
levy" and those opposed thereto shall erase the words "For the levy." If 
a majority of those voting on the question be in favor of the levy, the 
said fiscal body submitting the question shall be authorized to lay the 
same; but if a majority of the votes cast on the question be not in favor 
of such levy, it shall not be laid. If the question be submitted to the 
county court, the clerk therefor shall prepare, procure and furnibh to the 
election commissioners at each place of voting, the tickets, poll books, 
tally sheets and others things needed; if the question be submitted by 
a board of education, the secretary thereof shall perform such duty; and 
if the question be submitted by a council of a municipal corporation, 



School Law of West Vikginia 91 

such duty shall be performed by the clerk, recorder or other recording 
oflBcer of the municipal court. 

A levy under (a) section nine may be submitted for any two succes- 
sive years that may be named in the order submitting the questi^on to 
the voters, the rate of levy for each year being stated in such order, and 
if the levy be authorized as aforesaid, the proper fiscal body may lay such 
levy, or so much thereof as may be necessary for each of said two years. 

Restricted Use of Funds 

Sec. 11. Any funds derived from levying of taxes under and pursuant 
to the provisions of this act shall be expended for the purposes for whi'ch 
levied and no other. 

Certain Acts Prohibited and Penalties PrescribeH 

Sec. 12. It shall be unlawful for any county court, board of educa- 
tion, or council of a municipal corporation, or other body charged with 
the administration of any fiscal affairs of any county school district or 
independent school district, or municipality to expend any money or to 
incur any obligation or indebtedness whi'ch such fiscal body is not ex- 
pressly authorized by law to expend or incur. Nor shall any such fiscal 
body make any contract, express or implied the performance of which, 
in whole or part, would involve the expenditure of money in excess of 
funds legally at the 'disposal of such fiscal body, nor issue or authorize 
to be issued any certificate, order or other evidence of indebtedness 
which cannot be paid out of the levy for the current fiscal year or out of 
the fund against which it is issued. Nor shall any such tribunal attempt 
to lay any levy the rate whereof shall exceed the rate specified by law. 
Any indebtedness created, contract made or order or draft issue'd in vio- 
lation hereof, shall be void and of no effect, and any money received 
thereon may be recovered from the person receiving the same by the 
fiscal body which created, made or issued the indebtedness, contract, 
order or draft. 

Any member of such fiscal body, or any officer or person who wilfully 
violates any of the provisions of this act, shall expend any money, or 
incur any debt or obligation, or make or participate in the making of 
any such contract, or be a party thereto in any official capacity, or issue 
or cause to be issued any such certificate, order or other evidence of in- 
debtedness, shall be personally liable therefor, both jointly and severally, 
and an action may be maihtained therefor by the State, or by the county, 
municipal corporations, district, or person prejudiced thereby, in any 
court of competent jurisdiction. Any such member, officer, or person who 
shall wilfully violate the provisitins of this act shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be fine'd not more than five 
hundred dollars, or be confined in jail not more than one year, or be 
both fined and imprisoned, and in addition thereto, shall forfeit his office. 



92 School Law of West Vieginia 

Whenever any court of competent jurisdiction by mandamus, injunction, 
or trial of any action of law, or judicial proceeding, shall ascertain or 
determine that any member of any fiscal body hereinbefore referred to 
has negligently or wilfully violated any of the provisions of this section, it 
shall enter an order declaring the office of such member forfeited. 

Any tax payer of the county, school district or independent school dis- 
trict or municipality, as the case may be, or the state tax commissioner, 
for- the use and benefit of the county, school district or independent school 
district, or municipality, as the case may be,, may, in his name, insti- 
tute and prosecute to final judgment including the right of appeal to the 
supreme court of appeals of the State in any court having jurisdiction, 
proper action, suit, or proceeding, against the individual members of a 
county court, board of education, municipal council, or other body in 
lieu thereof, to recover from them any moneys expended in vi^olation, or 
without authority of law. All moneys recovered in any such action, 
suit or proceedings shall be paid into the treasury of the proper fiscal 
body to the credit of the proper fund. The plaintiff, in case he prevails, 
shall recover hi's costs against the defendants, including a reasonable 
attorney's fee to be fixed by the trial court, and included in the taxation 
of costs. Any such taxpayer, or the state commissioner, shall have the 
right to institute and prosecute to final judgment any proceeding for 
the removal of any member of any county court, board of education, 
municipal court, or other body in lieu thereof, for expending public 
money in violation, or without authority of law. Upon the filing of a 
petition by such taxpayer, or the state tax commissioner, either in term 
or vacation, the court, or judge, shall set a time for hearing such peti- 
tion. An attested copy of the petition and specifications of charges therein 
contained, shall be served for a period of at least twenty days upon the 
defendants named therein, and no other pleading or notice of such pro- 
ceeding shall be necessary. 

Preparation of Forms 

Sec. 13. The state tax commissioner shall prepare and furnish forms 
and instructions for making up the statement required in sections two, 
five and eight relating to fiscal affairs; the state superintendent of free 
schools shall prepare and furnish forms and instructions as provided iti 
section seven; and the attorney general shall prepare and furnish forms 
and instructions for the holding of any election provided by this act. 

Construction of this Act 

Sec. 12. This act shall not be construed as affecting any fund hereto- 
fore raised by levy or from being used for the purposes for which levied, 
and any balance remaining in any fund affected by this act shall be 
transferred to the proper and logical fund hereunder. 



School Law of West Virginia 93 



EXTENSION- OF TERM IN THE ELEMENTARY GRADES WHERE A 
NORMAL TRAINING HIGH SCHOOL IS MAINTAINED 

(Being Chapter 84 of the Acts of 1919, Regular Session.) 

In any district in which a normal training, or class one, high school ib 
maintained in connection with a graded elementary school, the board of 
education shall have authority to lay upon all of the taxable property in 
the district, levies sufficient for the teachers' fund and the building fund 
for maintenance purposes, to continue the elementary grades of such 
school for the same length of term that the normal training, or class one, 
high school of such district is in session. 

It is provided, however, that any and all pupils of elementary grades 
in such 'district shall be permitted to attend the elementary grades of 
such school after the close of the elementary schools of their sub-dis- 
tricts or in any school term in which the elementary schools of their 
sub-districts are not in session. 

RENEWAL OF CERTIFICATES— ADDITIONAL PROVISIONS 

(Passed by Legislature, Extra Session, 1919.) 

Secti'on 1. The fee for the renewal of a professional teachers' certifi- 
cate shall be five dollars. The fee for the renewal of a short course cer- 
tificate shall be one dollar, and said fee payable upon proof that the holder 
of such certificate has taught or been otherwise actively engaged in 
school work for two years of the preceding three-year period; and pro- 
vided, further, that service in the United States army or navy in the 
war with Germany shall be counted the same as teaching on any renew- 
able certificate, or shall extend the date of expiration of any non-renew- 
able certificate one year; and, that attendance for six weeks at an ap- 
proved school may be submitted in lieu of examinations for the re- 
newal of all first grade certificates. 



STATE BOARD OF CONTROL 



(Being Chapter 15-m of Barnes' Code of Nineteen Hundred Sixteen.) 



Sec. 1. How Constituted. The state board of control, created by chap- 
ter fifty-eight of the acts of the Legislature of one thousand nine hundred 
and ni'ne, shall continue, and shall be a corporation, and have and use 
a common seal. It shall consist of three members, not more than two 
of whom at the time of appointment shall belong to the same political 
party, to be appointed by the governor by and with the advice of the 
state Senate. The term of oiRce shall be six years. The members now 
in office shall serve to the end of their respective terms, unless sooner 
removed as herein provi'ded. The governor may remove any member 
for incompetency, neglect of duty, drunkenness, gross immorality, mal- 
feasance in office, or for other good cause, and fill the vacancy made by 
any such removal, or made by death, resignation or otherwise, by ap- 
pointment for the unexpired term. The salary of each member shall 
be five thousand dollars per year, to be paid monthly; and each shall be 
paid his actual traveling and other necessary expenses when absent from 
the state capital on official business. The board shall be provided with 
an office at the state capital, an'd with such furniture and clerical and 
other assistance as shall be necessary. The members shall give their 
entire time to the discharge of the duties of their office. The board shall 
choose one of their members president and another treasurer. They 
may select a secretary and such other officers as they may deem best. 
The offices of treasurer and secretary may be held by the same member. 
Before entering upon the duties of his office, each member shall take and 
subscribe the oath of office prescribed by the constitution, the certificate 
whereof shall be filed with records of the board, and he shall giive bond 
in the penalty of ten thousand 'dollars, conditions for the faithful per- 
formance of the duties of his office, and to account for any pay over ac- 
cording to 'aw all moneys or other thing of value which shall come into 
his hands or under his control by virtue of his office; but the treasurer's 
hond shall be in the penalty of twenty-five thousand dollars, which shall 
cover his liability as a member, and as the treasurer. The board may 
cause the surety in any of such bonds to be a surety or bonding company 
authorized to do business in this State, and pay the costs thereof out of 
its current or contingent expense fund. All such bon'ds shall be approved 
as to form by the attorney general, and as to sufficiency by the governor, 
and when so approved shall be filed and recorded in the office of the secre- 
tary of state. In the absence of the president or of the treasurer from the 
state capital, or in the disability of either, the duties of his office may 
be performed by another member of the board. All deeds, contracts, agree- 



96 School Law of West Virginia 

ments and other such writings may be executed by the state board of 
control by the signing of the name of the board thereto by the president, 
and impressing the seal of the board therein, attested by the signature 
of the secretary; and wlien so executed any such deed, contract, agree- 
ment or other such writing shall be deemed the act and deed of said board, 
and shall be admitted to record in the office of the clerk of the county 
court, and in any other office or place where writings are admited to 
record. 

Sec. 2. Expenses. Before any expenses of any member of the board of 
control or of the board of regents, or of any officer or agent thereof, or be- 
fore any expenses incurred by any person under the direction of either of 
said boards, or the expenses of any officer or employee of any institution 
under the charge of said boards, shall be paid, a full written statement of 
every item of such expenditure, shall be presented to the auditor, duly 
verified, which verification shall state that the expense bill is just, ac- 
curate and true, and is claimed for cash expended for the purposes named 
in the statement. Unless the statement is so verified and duly audited, 
payment thereof shall not be made. 

Sec. 3. Control and Management of Certain Institutions. The board 
of control shall have full power to manage, direct, control and govern 
the West Virginia asylum, the second hospital for the insane, the West 
Virginia hospital for the insane, the West Virginia penitentiary, the West 
Virginia reform school, the West Virginia industrial home for girls, 
miners' hospital No. 1, miners' hospital No. 2, miners' hospital No. 3, 
and the schools for the deaf and the blind* and such other Itastitutions, 
except educational, as may hereafter be created by law. 

Sec. 3-a. Names of Certain Institutions Changed. From and after the 
thirtieth tlay of June of the year one thousand nine hundred and fifteen, 
the name of the West Virginia asylum shall be changed to Huntington 
state hospital; the name of the second hospital for the insane shall be 
changed to Spencer state hospital; the name of the West Virginiia hospital 
for the insane shall be changed to Weston state hospital; the name of 
miners' hospital number one shall be changed to Welch hospital number 
one; the name of miners' hospital number two, shall be changed to Mc- 
Kendree hospital number two; the name of miners' hospital number three 
shall be changed to Fairmont hospital number three. All statutory pro- 
viteions applicable to the government and maintenance of said asylums 
and hospitals, and to each of them, under their old names, shall be con- 
tinued in force and be applicable to the government and maintenance of 
the same institutions under their new names. 

All acts an'd parts of acts inconsistent with this act are hereby repealed. 

Sec. 4. To Have Financial Control of Educational Institutions. The 

board of control shall have charge and control of the financial and busii- 

ness affairs of the West Virginia University, of the preparatory branches 

of the university at Montgomery, and at Keyser, of the state normal 

school and its branches, of the West Virginia colored institute and of the 

*Thp Acts of tht> Lf'cislatuJ-e of 1910. reeiilar spssion. make It the duty of the 
State Board of Education to have charge of the educational affairs of the Schools 
for the Deaf and the Blind as of other state educational institutions. 



ScHooi. Law of West Virginia 97 

Bluefield colored institute and have such other control and management 
of said institutions as are in this act provided. 

Sec. 5. Title to Property. The title to all property constituting or be- 
longing to the several institutions named in sections three and four and 
now vested in the several boards of directors, or of regents thereof, shall 
be and hereby ite vested in said board of control on and after July first, 
one thousand nine hundred and nine; and the several boards now charged 
with the control and management of said institutions shall thereafter 
have no further legal existence; and the board of control is, without 
further process of law, authorized and directed then to assume control 
and management of the said institutions subject to the provisions of 
this act. 

Sec. 6. Moneys and Funds. All moneys and funds belonging to the 
State which shall come into the hands or control of the head ofiicer, or 
other oificer, of any of the institutions mentioned in sections three and 
four, or of any other institution, department, board, commissiion, or 
other agency of the State, or of any person connected therewith, and 
under the control and management of the state board of control in whole 
or in part, or the fiscal or financial affairs of which are subject to the 
control or management of said board, shall be paid to the treasurer of 
said board at least once in each month, on or before the tenth day of the 
month succeeding the month in which such moneys or funds were re- 
ceived, under such rules and regulations as said board shall prescribe. 
The state board of control shall cause such money and funds to be paid 
into the state treasury to the credit of the proper fund of the institution, 
department, board, commission, or other agency of the State, by depositing 
the same in a state depository and delivering to the auditor the certificate 
of deposit therefor. The auditor shall credit the same to the institution, 
department, board, commission or state agency as shown by the certifi- 
cate of deposit; and the state board of control shall have authority to 
issue requisitions, from time to time, on such moneys and funds to be 
expended for the support or benefit of the institution, department, board, 
commission, or state agency for which the same was appropriated or 
provided, and all such moneys and funds are hereby appropriated for the 
purpose. Such moneys and funds are hereby named "state board of con- 
trol funds." Whenever the appropriations by the Legislature are in- 
sufficient to pay the expenses of conducting any of said institutions, the 
deficiency shall be certified by the state board of control to the board of 
public works. Such certificates shall state the name of the institution, 
the items and amount in detail needed, and the board of public works 
may direct payment of the same or any part thereof as provided in chap- 
ter sixteen of the acts of one thousand nine hundred and four. 

Sec. 7. Same — How Expended. All money received by the state board 
of control from any source, on account of institutions under its control, 
shall be paid into the state treasury at least once each month to the 
credit of the institution and fund for which received, and shall remain 
in the treasury until expended on order of the state board of control or 
otherwise disposed of by law. There is hereby appropriated so much 



98 School Law of West Virginia 



of the moneys mentioned in this section as may be necessary for the pur- 
poses of any of the institutions for which such moneys are received. But 
no moneys received on account of one institution or fund shall be used for 
any other institution or fund. 

Sec. 8. Clerical Assistants — Reports of Institutions. The board of 
control shall appoint a competent secretary and such other clerical assist- 
ants as may be necessary to the proper conduct of its business. The sal- 
aries or compensation of the employees of the board shall be fixed by it, 
but no salary or compensation shall be increased to exceed the amount 
appropriated by the Legislature to pay the same. The board shall cause 
to be kept at its office a proper and complete set of books and accounts 
with each institution, which shall clearly show every expenditure author- 
ized and made thereat. The said books shall exhibit an account of all 
appropriations made by the Legislature concerning any institutions named 
in sections three and four, and of all other funds under the control of 
the board. It shall, in conjunction with and subject to the approval of 
the chief inspector of public accounting, prescribe the form of vouchers, 
records and methods of keeping accounts at and by each of the institutions 
named in sections three and four. Such vouchers, records and methods of 
accounts of the institutions shall be as nearly uniform as possible. The 
board, or any member thereof, shall have power to investigate the con- 
ditions of and to examine and check the records of any of said institu- 
tions at any time. The board shall also have the power to authorize any 
of its members or officers, its bookkeeper and accountant, or any other 
employees, to proceed to any of said institutions, and to examine and 
check the records, take inventory of the property thereof, or any of its 
departments, or for any other purposes the board may deem necessary. 
Any person doing such work shall receive, in addition to regular compen-, 
sation, pay for actual expenses incurred thereby, such expenses to be paid 
in the manner hereinbefore provided. Upon the completion of any special 
work the board shall cause a full and complete written report of the same 
to be made to it as soon as practicable. 

Sec. 9. Powers and Duties. The state board of control or one or more 
of its members shall visit each of the institutions under its control and 
management in whole or in part as often as may be necessary, and 
may hold a regular meeting of the board at any such institution. During 
any such visitation the board or any member thereof shall thoroughly 
inspect all the departments thereof and investigate the condition and 
management of the same; and for the purpose of aiding any such in- 
vestigation the board or any member thereof shall have power to sum- 
mon and compel the attendance of witnesses, to be examined under oath, 
which any member shall have the power to administer; and the board or 
any member thereof shall have access to all books, papers and property 
necessary to any such investigation, and may order the production of 
any books, papers or property. "Witnesses, other than employees of the 
State, shall be entitled to the same fees as in civil cases in the circuit 
court. In any investigation by the board, or by any member thereof, it 
or he may cause the testimony to be taken in shorthand and transcribed 



School Law of West Virginia 99 

and filed in the office of tlie board as soon after the same is taken as 
practicable. Any person refusing or failing to obey the order of the 
board, or any member thereof, issued under the provisions of this 
section, or to give or to produce any evidence required, shall be reported 
by the board or the member thereof conducting the investigation to the 
proper circuit court or the judge thereof, and such person so refusing 
or failing shall be dealt with by the court or judge as for contempt. 

Sec. 10. Appointment of Heads of Certain Institutions. The governor 
shall, by and with the advice and consent of the Senate, appoint a super- 
intendent for the West Virginia asylum, superintendent for the second 
hospital for the insane, a superintendent for the West Virginia hospital 
for the insane, a warden for the penitentiary, a superintendent for the 
West Virginia reform school, a superintendent for the West Virginia 
industrial home for girls, a superintendent for miners' hospital No. 1, 
a superintendent for miners' hospital No. 2, a superintendent for miners' 
hospital No. 3, and a superintendent for the schools for the deaf and 
the blind.* The governor may remove any superintendent or warden 
for incompetency, neglect of duty, gross immorality, malfeasance in office, 
or for other good cause, and' in case of vacancy, whether occurring by 
reason of removal or otherwise, may declare the office vacant and fill the 
same by appointment for the unexpired term. The superintendent of each 
institution and the warden of the penitentiary shall have the power to 
appoint all assistants and employees required for the management of 
the institution in his charge, the number of said assistants and employees, 
and their compensation, to be first fixed by the state board of control. 
The superintendent of any institution and the warden of the penitentiary 
may, at his pleasure, discharge any person therein employed. It shall 
be the duty of the board to investigate any complaint made against 
the chief executive officer of any institution, and also against any other 
officer or employee thereof, if the same has not been investigated. The 
board shall have the power to recommend to the governor the removal 
of any such chief executive officer, or other officer, setting forth in such 
recommendation the reasons for the same. The board shall fix the 
salaries or compensation of the officers and employees of the institutions 
named in section three on or before the first day of July of each year, 
to be paid during the year to commence July first, and no change shall be 
made therein excepting at the time prescribed in this section. The sal- 
aries or compensation of all officers and employees of the several institu- 
tions named in sections three and four shall be paid monthly, to include 
the last day of each month. , 

The chief officer of each of the institutions named in section three shall 
be furnished quarters, household furniture, board, fuel and light for 
himself and his family; quarters, household furniture, board, fuel and 
light shall be furnished to such other officers as is made necessary by 
the character of their service, and the board of control shall designate 
those who shall receive the foregoing in addition to their salary. 

Sec. 11. Rules and Regulations. The board is authorized to make 

*See note (*) bottom page 79. 



100 School Law of West Virginia 



rules for the proper execution of its duties and powers. It shall also 
have the power to adopt rules and regulations for the government of the 
Institutions, named in sections three and four, and shall therein pre- 
scribe, consistent with the provisions of this act, the duties of the persons 
connected with the management of the said institutions. 

Sec. 12. Shall Purchase Supplies. The state board of control is here- 
by authorized and required to purchase all supplies for the proper sup- 
port and maintenance of the institutions named in sections three and 
four, and for any other institution, department, board, commission, or 
other state agency, under its control or management in whole or in part. 
Such supplies shall be purchased whenever practicable by contract on 
competititve bids, and notice of the same shall be given, whenever the 
board thinks best, by publication in at least two newspapers of general 
circulation in the State for not less than two weeks prior to the award 
made; and a written or printed notice shall be sent to every manufacturer 
or dealer of or in the article or commodities for which prices are desired 
who has requested his name to be placed upon the mailing list. The 
contract shall be awarded to the lowest responsible bidder if the price 
be a fair and reasonable one and not greater than the market price. The 
board is authorized to require such surety as it may deem proper to ac- 
company the bids submitted, and shall also fix the amount of the bond 
or other security that shall be furnished by the person, firm or cor- 
poration to whom the contract for any supplies is awarded. The board 
shall have the power to reject any and all bids submitted if for any 
reason it is deemed to the best interest of the State to do so, and to 
re-solicit bids in accordance with the provisions of this section. The 
board may determine the kind and character of animals to be slaughtered 
for meats for use in the several institutions under its control and it 
shall make such rules and regulations as may be necessary for the in- 
spection of meats, poultry, bread and other supplies intended for use in 
any of the said institutions. In accepting bids for supplies preference 
shall be given citizens of this State, other things being equal. When- 
ever the board fails to make contracts for supplies the same may be 
purchased by the chief officer in charge of an institution, under such rules 
and regulations as shall be prescribed by the board of control. It 
shall be the duty of the chief officer of each institution named herein 
to cause to be prepared estimates of supplies required for the proper 
conduct and maintenance of the institution under his charge, covering 
periods to be fixed by the board of control, and to forward the same 
to the board in accordance with its directions. No member or officer of 
the board of control, or of the state board of regents, *and no person 
in their employ and no officer or employee of any state institution shall 
be directly or indirectly interested in the purchase of supplies, or in any 
supplies purchased, nor in any contract, agreement or undertaking en- 
tered into by and for any of said institutions; and if he be so interested 
he shall forfeit his office, such contract shall be void, and such person 
shall be liable to the State upon his official bond for all damages. No 
♦State Board of Education — Acts of 1010. 



School Law of West Virginia 101 

member of said board, no officer, agent or employee thereof, and no 
officer of any institution under their charge, shall directly or indirectly 
for himself or for another, or for any such institution, receive or accept 
any gift or gratuity or thing of value from any dealer in goods, mer- 
chandise or supplies which are or may be used in such institutions, or 
from any person, firm or corporation who are or may be interested in 
any contract with such board for or on account of the State. Any vio- 
lation of this section shall be a misdemeanor, and be punished by a fine 
of not less than twenty-five nor more than five hundred Hollars. 

Sec. 13. Buildings for Institutions. The state board of control is 
vested with authority to employ competent architects for the preparation 
of plans and specifications for all new buildings hereafter to be built by 
the State, or for the repairing or remodeling of existing buildings, or the 
construction of additions thereto; to employ competent person to superin- 
tend the work of constructing new buildings or of such repairs, remodeling 
or additions, and to call for bids and award contracts for such work. 
The board shall have authority to erect any new buildings, or to make 
repairs or additions to, or changes in, any buildings already constructed, 
without letting the same to contract, or by employing thereon the labor 
of the inmates of any institution of the State, whenever in the judgment 
of the board the best interests of the State will be subserved thereby. 
The board may also provide with contractors for the erection of new 
buildings or for additions or repairs to old ones, to use thereon thQ 
labor of such inmates. The board has authority, whenever in its judg- 
ment a new building is needed by the State, or whenever it is necesary 
to build an addition or make material repairs to a building already in 
existence, with the approval of the governor, to employ a competent 
architect or architects to make plans and specifications therefor, and 
estimate of the cost thereof, for submission to the next session of the 
legislature, to aid that body in making an appropriation for the pur- 
pose. The governor may pay the cost of such plans and specifications 
and estimates out of his civil contingent fund, or the board may cause 
the same to be paid out of the current expense fund or out of any appro- 
priation made for buildings and land or for repairs and improvements 
of the institution for which the luilding or work is designed. So far as 
practicable, hereafter all buildings erected for the use of the State shall be 
fire-proof. 

Sec. 14. Records of Institutions. The state board of control shall pre- 
scribe the records to be kept for statistical and other purposes in the 
several institutions named in sections three and four. It shall require 
a copy of such record to be transmitted to it fctr the preceding month, and 
the board shall keep in its office in a substantially bound book a copy of 
every report that they may require from the chief officers of any insti- 
tution; and shall have authority to assemble the chief ofiicers of the in- 
stitutions or any of them at its office, for the purpose of discussing 
any question which may be common to their welfare. The actual ex- 
penses made necessary in traveling to and from such meeting and while 
upon its attendance, shall be paid out of the contingent fund of the 



102 School Law of West Virginia 

several institutions. All bills on account of such expenses shall be made 
and paid as provided in section two of this act. 

Sec. 15. Report to Governor. On the first day oi October, one thousand 
nine hundred and ten, or as soon thereafter as practicable, and bien- 
nially thereafter the board of control shall file with the governor a full 
report of all matters herein prescribed, showing the condition of all the 
institutions under its control, the cost of conducting the same during 
the period covered by the report, naming the buildings contracted to be 
erected, at what points, for what purposes, the contract price and the 
condition of construction, and shall also include therein a statement of 
the work and expenses of the board. It shall also incorporate in its 
report suggestions respecting legislation for the benefit of the several in- 
stitutions under its care, and shall make estimates of appropriations, 
which in its opinion are necessary for the maintenance and other, ex- 
penses of the institutions and for buildings, betterments and other im- 
provements. The said report shall also contain such portions of the 
biennial reports made by the chief officers of the several institutions 
to the board as it may deem proper, also statements showing the dates 
of visitation made by the board or by any member thereof to the several 
institutions. In its report shall be included an itemized statement of 
the expenses of the board and such other matters as it may deem perti- 
nent. There shall also be published in the report full and complete 
lists of the officers and employees of the board and of the institutions 
named in sections three and four, showing the annual salary paid and 
perquisites allowed each officer or emjiloyee. The governor is hereby 
empowered to call upon the said board for any special report or infor- 
mation relative to any matter coming within its authority. The governor 
may direct the said board to make any special investigations into and re- 
port upon any matter connected with any state institution. 

Sec. 16. Gifts and Devises. The board of control is hereby empowered 
to accept any gift or devise of any property or thing which lawfully may 
be given. If such gift or devise is to any particular institution named 
in sections three and four, whatever profits shall arise from its use 
or investment, shall be paid into the state treasury for the use and 
benefit of the said institution and the board is hereby invested with 
the title to the pi-operty which is, or may be subject of such gift or 
devise. 

Sec. 17. Insurance on Buildings. The board of control shall have charge 
and control of the insurance of all buildings and property of the State and 
shall keep the same properly insured against loss by fire, by explosion 
of steam boilers and the like; but the insurance of the property of the 
State at the seat of government shall be first authorized by the board of 
public works. The board of control shall keep a record of all such in- 
surance which shall show the name of each insurance company, the num- 
ber, date and amount of insurance of each policy written by it, the 
rate of premium, the building or other property on which insurance 
is placed, the period for which written and the date of its expiration; 
and the amount of insurance upon each building and such other matters 
as the board may deem pertinent. 



School Law of West Virginia 103 

Sec. 18. Same — Limitations — Appropriations for Re-building. The 
state board of control shall insure only such buildings and property of 
the State as it shall deem most likely to be damaged or destroyed by 
fire, and within the limits of the amounts hereby appropriated. If any 
building is destroyed by fire, there is hereby appropriated out of the money 
in the treasury, not otherwise appropriated, such sum as may be neces- 
sary to replace such building, but the amount thereof shall not exceed 
the value of the building destroyed, less the amount of insurance, if 
any, collected thereon. 

PUBLIC LIBRARIES 

(Being Chapter 64, Acts of the Legislature of 1915.) 
Section 1. Definitions. The following words and phrases, wherever 
used in this act shall include and be taken to mean as follows: the word 
"municipality" shall include an incorporated city, a town, a county 
and a school district; "municipal authority" shall include the mayor and 
common council of a city, a town, or board of commissioners, or other 
corresponding authority thereof, county courts and boards of education 
of school districts and independent school districts; "public library" 
shall include public library and reading room; "chief executive authority" 
shall include mayor and city council or other corresponding authority 
in cities and towns; and the county court and board of education in 
counties and school districts; "the directors of public library board" shall 
include the members of public library boards of cities, towns, counties 
and school districts established under this act. 

Sec. 2. Levy — Upon Vote of People. The municipal authority of any 
municipality shall have the power to establish, equip and maintain a 
public library, or take over and maintain and support any public library 
already established therein, for the use and benefit of the inhabitants 
of such municipality, and may levy an annual tax for the purpose of not 
more than one and one-half cents on the one hundred dollars, on all 
the taxable property in said municipality, such tax to be levied and col» 
lected in like manner as the general taxes of the municipality, which; 
shall be kept separate in a fund to be known as the "library fund;" 
provided, that when any municipality makes a levy for a municipality 
in which there is already a municipal library, and the said municipality 
does not join in the proposed library, the said municipality shall omit 
from the levy of the library tax all property within the limits of said 
municipality not joining in said proposed library; provided, further, that 
before establishing any public library, or levying any tax therefor, the 
municipal authority shall submit the question to the voters of suchi 
municipality, and the majority of the voters voting thereon shall author- 
ize the establishment of such library, and the levy of such tax. The 
question shall be submitted at a general or special election, upon the 
order of said municipal authority or upon the petition, in case said muni- 
cipal authority fail or refuse to do so in writing, of twenty per centum 
of the qualified voters resident of the municipality and the election, when 
ordered, shall be conducted, held and returned in all respects as other 



104 School Law of West Virginia 

elections; and the ballot used shall have written or printed thereon under 
the heading public library question" the words in plain letters, "for 
public library," "against public library." And the municipal authority 
of said municipality shall give at least two weeks' notice of said election 
by publishing notice thereof in one or more newspapers published in said 
municipality or, if none are therein published, by like notice posted for a 
like period at each of the voting places in said municipality, and at fiv«> 
other public places for a like period, before said election, giving the date 
and object of the election. 

Sec. 3. Appointment of Board. Whenever such public library is estab- 
lished under this act, the chief executive authority of said municipality 
shall appoint a board of six directors, chosen from the citizens at large 
from said municipality, with reference to their fitness for such office. 
Such directors shall hold office for three years from the first day of 
July following their appointment, and until successors are appointed; but 
upon their first appointment they shall, at their first meeting, divide 
themselves into three classes, so that one-third of the number shall 
hold office for a period of one year, one-third for two years, and one- 
third for three years. NIo person shall be ineligible to serve on said 
board by reason of sex. Vacancies in the board shall be reported to the 
municipal authorities, and filled by appointment in like manner as orig- 
inal appointments for the unexpired term. The municipal authorities 
may remove any director for misconduct or neglect of duty. No com- 
pensation shall be paid or allowed any director. The chief school officer 
of each municipality establishing a public library shall be ex-officio a 
member of its library board in addition to the six directors provided 
for herein. 

Sec. 4. Powers of Board of Directors. The directors of each public 
library established under this act shall, immediately after their appoint- 
ment, meet and organize by electing one of their number as president, 
and one as secretary. A majority of all the members of any board shall 
constitute a quorum for the transaction of business. They shall make 
and adopt such by-laws, rules and regulations for their own guidance 
and for the government of the library as may be expedient and not in- 
consistent with this act. They shall have exclusive control of the ex- 
penditures of all the money collected for the library fund and for the 
construction of any library building or repairs thereto, and the super- 
vision, care and custody of the grounds, rooms or building constructed, 
leased or set apart for the purpose; provided, that all money received for 
public library purposes, and deposited in the treasury of such munici- 
pality to the credit of the library fund, shall be drawn by the proper 
municipal officers upon the proper authenticated vouchers of the library 
board. Public library boards may, with the approval of the municipal 
authority, lease and occupy or purchase or erect an appropriate building 
for the use of said library. They shall have power to appoint a suitable 
librarian and assistants, and prescribe rules for their conduct, and fix 
their compensation; and shall have power to remove such appointee, and, 
in general, to carry out the spirit and intention of this act in establishing 
and maintaining free public libraries for their respective municipalities. 



School Law of West Virginia 105 



Sec. 5. Use of Library. Each library established under this act shall 
be free for the use of the inhabitants of the municipality where located, 
subject to such reasonable rules and regulations as the library board 
may adopt and publish, in order to render the use of said library of 
greatest benefit to the greatest number; and said board may exclude 
from the use of said library any and all persons which shall wilfully 
violate such rules. The board may extend the privilege and use of said 
library to non-residents of the municipality upon such terms and con- 
ditions as said board may prescribe. 

Sec. 6. Report of Library Board. Each library board shall, on or be- 
fore the first day of July in each year, make report to the municipal 
authority appointing it, stating the condition of the library property, the 
various sums of money received from the library fund, and all other 
sources, and how such money was expended, the number of books and 
periodicals on hand, the number added by purchase and gift, the num- 
ber lost or mislaid, the number of books loaned out and the general char- 
acter of such books, together with an itemized budget estimate of ex- 
pense of the library for the ensuing year, with such other statistical in- 
formation and suggestions as they may deem of general interest or that 
may be required by said municipality. 

Sec. 7. Gifts, Devises or Bequests. All persons desiring to make dona- 
tions of cash or other personal property or real estate for the benefit of 
such library shall have the right to vest the title thereof in the library 
board created under this act, to be held in trust and controlled by such 
board according to the terms and for the purposes set out in the deed, 
gift, devise or bequest. 

Sec. 8. Penalties for Injury to Property. Any one who shall wilfully 
deface or injure any building or furniture, or deface, injure or destroy 
any picture, plate, engraving, map, newspaper, magazine or book, or any 
object of art belonging to a public library, shall be guilty of a misde- 
meanor, and on conviction thereof shall be punished by fine of not less 
than five dollars or more than fifty dollars, or by imprisonment not ex- 
ceeding six months. The fine in each case shall be paid to the proper 
officer or custodian of the library fund to be used by such library as 
other money paid into its treasury. 

Sec. 9. Penalties for Failure to Return Books. Any person who shall 
wilfully detain any book, newspaper, magazine, pamphlet or manuscript 
belonging to such library, or to any incorporated library, for thirty days 
after notice in writing from the librarian, after the expiration of the 
time such books, newspaper, magazine pamphlet or manuscript may be 
kept according to the rules and regulations of said library, shall be 
liable for damages, to be recovered by said library board, by appropriate 
proceeding before a justice of the peace; the recovery in each case to be 
paid to the proper officer or custodian of its funds; provided, that the 
notice required hereby shall include a copy of this section. 



106 School Law of West Virginia 

ABOLISHING THE COMMON DRINKING CUP 

(Being Chapter Twenty-three, Acts of Nineteen Hundred Thirteen) 

Section 1. Use of Common Drinking Cups. That the use of the com- 
mon drinking cup, an undoubted source of communication of infectious 
diseases, is hereby prohibited in all public places, upon all railroad trains 
and boats, carrying passengers, in all public buildings of every descrip- 
tion, and at public drinking springs and fountains within this State. The 
state board of health shall have full authority to establish rules and 
regulations to make this prohibition effective, as in their judgment may 
seem wise and proper. All persons, firms or corporations failing to ob- 
serve the provisions of this act, or the rules and regulations of the 
state board of health made in relation thereto, shall be deemed guilty 
of a misdemeanor and upon conviction thereof shall be fined not less than 
ten nor more than fifty dollars for each offense. 

PROHIBITING THE USE OF CIGARETTES 

(Being Sections of Chapter Sixteen, Acts of Nineteen Hundred Thirteen). 

Sec. 2. That it shall be unlawful for any person under the age of 
twenty-one years to smoke, or to have about his person, or premises, 
any cigarette or cigarette paper, or any other form prepared to be filled 
with smoking tobacco for cigarette use. Any person violating the pro- 
visions of this section shall be punished by a fine of not exceeding five 
dollars; provided, that the court or justice trying the case may remit the 
penalty for violation of this section, upon the disclosure by the person 
charged with the offense of the name of the person, firm or corporation 
from whom he obtained any such cigarette or cigarette paper. 

Sec. 4. Every person who shall smoke or use a cigarette or cigarettes 
in any school building or any buildings or such parts thereof as may be 
used for school purposes, or on any lands used for school purposes, shall 
be guilty of a misdemeanor and upon conviction shall be punished for 
each offense by a fine of not less than one nor more than five dollars. 

STATE DEPARTMENT OF HEALTH 

(The Legislature of 1915 passed an act creating a state department of 
health. The following excerpts from this act are given here because of 
the references to schools and school buildings. Sections are arranged 
according to Barnes' Code of Nineteen Hundred sixteen.) 

Sec. 1. (2) Commissioner of Health — Powers and Duties. The com- 
missioner of health shall be appointed by the governor, by and with the 
consent of the Senate, and shall be a physician skilled in sanitary science, 
and experienced in public health administration. * * * jjis duties 
shall be to * * * inspect and report from time to time the sanitary 
condition of institutions, schools and school houses, public conveyances^ 
dairies, creameries, slaughter houses, workshops, factories, labor camps. 



School Laav of West Virginia 107 

hptels, and places where offensive trades or industries are conducted; 
inspect and report the sanitary condition of streams, sources of water 
supply, and sewerage facilities; endeavor to enlist the co-operation of all 
physicians, and volunteer health organizations in the improvement of 
public health; promulgate information to the general public in all 
matters pertaining to public health. * * * 

Sec. 4. Inspectors and Examiners — iPowers and Duties. Inspectors, 
examiners or other persons appointed by the commissioners of health 
may be appointed at such time or times as by him deemed necessary; 
and they shall act as representatives of the commissioner of health, 
and under his direction, shall secure the enforcement of the provisions 
of the public health laws and regulations, and shall have the right of 
entry into any workshop, public school, factory, dairy, creamery, slaughter 
house, hotel, or other place of business or employment, or any common 
carrier or public utility when in the discharge of oiRcial duties. Any 
person interfering with or attempting to interfere with any inspector, 
examiner or any other duly authorized employee of the commissioner 
in the discharge of his duties under this section shall be guilty of a 
misdemeanor and upon conviction fined not exceeding one hundred dol- 
lars. 

Sec. 2. Public Health Council. Whenever the character and location of 
plumbing, drainage, water supply, sewers and disposal of sewage, gar- 
bage, or other waste .materials of cities, towns and villages, offensive 
trades, hotels and labor camps; and the ventilation, warming, natural 
lighting and excreta disposal in public utilities, in public halls, churches, 
school houses, workshops, prison and all other public institutions, are 
such as to endanger the public health, the public health council shall 
have power to make and enforce rules regulating the same. * * * 

Sec. 4. Control of Tuberculosis Sanitarium. The state department of 
health shall have the advisory medical supervision of the state tubercu- 
losis sanitarium, and the state board of control shall have the control 
of the business and fiscal affairs thereof. The director of the division 
of preventable diseases under the supervision of the commissioner of 
health, shall encourage measures for the suppression of tuberculosis, 
such as clinics, camps, open-air schools, sanitaria, district nursing, anti- 
tuberculosis societies, diffusion of knowledge, and other means. 

STATE COMPENSATION ACT. 

(Being Section 9 of Chapter 17, Acts of the Legislature of nineteen 
hundred nineteen, regular session. By the provisions of this act boards 
of education may in behalf of their employees, take advantage of the 
State Compensation law. Full particulars may be obtained by com- 
municating with the State Compensation Commission, Charleston.) 

Sec. 9. All persons, firms, associations and corporations regularly 
employing other persons for the purpose of carrying on any form of in- 
dustry or business in this State, county and municipal corporations, the 
State of West Virginia, and all governmental agencies or departments 



108 School Law of West Virginia 

created by it, are employers within the meaning of this act, and subject 
to its provisions. All persons in the service of employers as herein 
defined and employed by them for the purpose of carrying on the in- 
dustry, business or work in which they are engaged, and check weigh- 
men as provided for in chapter twenty, acts of one thousand nine hundred 
and eleven, are employees within the meaning of this act and subject 
to its provisions, provided that the act shall not apply to employers of 
employees in domestic or agricultural service, persons prohibited by 
law from being employed, traveling salesmen, to employees of any em- 
ployer while employee without the State; nor shall a member of a firm of 
employers, or any officer of an association, or of a corporation employer, 
including managers, superintendents, assistant managers and assistant 
superintendents, any elective official of the State, county or municipal 
corporation be deemed an employee within the meaning of this act. 

The premiums and all expenses in connection with the election of the 
governmental agencies and departments of the State of West Virginia 
shall be paid out of the state treasury out of the appropriations made 
for such agencies and departments, in the same manner as other dis- 
bursements are made by such agencies and departments. 

Municipal corporations shall provide for the funds to pay their pre- 
scribed premiums into the fund, and said premiums and premiums of 
state agencies and departments shall be paid into the fund in the same 
manner as herein provided for other employers subject to this act. 

Any employer whose employment in this State is to be for a definite or 
limited period, which could not be considered "regularly employing" 
within the meaning of this act, may elect to pay into the workmen's 
compensation fund the premiums herein provided for, and at the time 
of making application to the commissioner, such employer shall furnish 
statement under oath showing the probable length of time the employ- 
ment will continue in this State, the character of the work, an estimate 
of the monthly payroll, and any other information which may be re- 
quired by the commissioner. At the time of making application such 
employer shall deposit with the state compensation commissioner to 
the credit of the workmen's compensation fund the amount required by 
section twenty-four of this act, which amount shall be returned to such 
employer if his application be rejected by the commissioner. Upon 
notice to such employer of the acceptance of his application by the com- 
missioner, he shall be an employer within the meaning of this act, and 
subject to all of its provisions. 

Any foreign corporation employer electing to comply with the pro- 
visions of this act and to receive the benefits hereunder, shall at the 
time of making application to the commissioner, in addition to the 
other requirements of this act, furnish such commissioner with a certi- 
ficate from the secretary of state showing that it has complied with 
all the requirements necessary to enable it to legally do business in 
this State, and no application of such foreign corporation employer shall 
be accepted by the commissioner until such certificate is filed. 

For the purpose of this act a mine shall be adjudicated within this 



School Law of West Virginia 109 

State when the main opening, drift, sliaft or slope is located wholly with- 
in this State. 

Any employee within the meaning of this act whose employment nec- 
essitates his temporary absence from this State in connection with 
such employment and such absence is directly incidental to carrying on 
an industry in this State who shall have received injury during such 
absence in the course of and resulting from his employment, shall not be 
denied the right to participate in the workmen's compensation fund. 

An independent contractor who sub-lets any portion of his contract 
shall be considered the employer of the employees of any sub-contractor 
and shall carry on his payroll the names of such sub-contractor's em- 
ployees and pay the prescribed premium on their wages during the 
period such employees are working under his contract. 

THE CHILD LABOR LAW. 

(Being chapter 131 of the Acts of the Legislature of nineteen hundred 
nineteen, regular session.) 

Section 1. That no child under fourteen years of age shall be em- 
ployed, permitted or suffered to work in, about, or in connection with any 
gainful occupation except agriculture or domestic service; provided that 
boys twelve years of age or over may be employed in mercantile estab- 
lishments and business offices outside of school hours provided that they 
obtain a special work permit from the school authorities as hereinafter 
provi'ded. 

That it shall be unlawful for any person, firm or corporation to employ, 
permit or suffer any child under fourteen years of age to work in any 
business or service whatever during any of the hours when the public 
schools of the school district in which the child resides are ito session. 

Sec. 2. That no child under the age of sixteen years shall be employed, 
permitted, or suffered, to work in any occupation dangerous to the life or 
limb, or injurious to the health or morals of such child. The state com- 
missioner of labor, the state commissioner of health, or the state superin- 
tendent of free schools may from time to time, after hearing duly had, 
determine whether or not any particular trade, process of manufacture, 
or occupation in which the employment of children under the age of six- 
teen years is not already forbidden by law, or any particular method of 
carrying on such trade, process of manufacture, or occupation, is suffi- 
ciently dangerous to the lives or limbs or injurious to the health or 
morals of children under sixteen years of age to justify their exclusion 
therefrom. No child under sixteen years of age shall be employed, per- 
mitted or suffered to work in occupation thus determined to be danger- 
ous or injurious to such children. There shall be a right of appeal to the 
Supreme Court of Appeals from any such determination. 

No child under the age of sifxteen years shall be employed, permitted 
or suffered to work in any mine, quarry, tunnel or excavation. No child 
under the age of sixteen years shall be apprenticed, given away, let out, 
or otherwise disposed of to any person or company to engage in the oc- 



110 School Law of West Virginia 

cupation or service of rope or wire walker, gymnast, contortionist, circus 
rider, acrobat or clown, nor in any indecent, obscene or immoral exhibi- 
tion or practice; and it shall be unlawful for any person, firm or cor- 
poration, to take, receive or employ such child for any of the purposes 
or occupations mentioned in this paragraph. 

Sec. 3. That no child between the ages of fourteen and sixteen years 
shall be employed, permitted, or suffered to work in any gainful occupa- 
tion, unless the person, firm or corporation by whom such child is em- 
ployed, permitted, or suffered to work, obtains and keeps on file and 
accessible to officers charged with the enforcement of this act, a work 
permit issued by the superintendent of schools of the city or county in 
which such child resides, or person authorized by him in writitog. The 
superintendent of schools or person authorized by him in writing shall 
issue such work permit only upon receipt of the following document: 

Proof of Prospective Employment 

A written statement signed by the person for whom the chiM expects 
to work, that he intends legally to employ such child and agrees to re- 
turn the work permit to the issuing officer within two days of the termina- 
tion of such child's employment. 

Proof of Age 

(a) A birth certificate or attested transcript thereof issued by a reg- 
istrar of vital statistics or other officer charged with the duty of record- 
ing births. 

(b) Or a record of baptism or a certificate or attested transcript 
thereof showing the date of birth and place of baptism of the child. 

(c) Or a bona fide contemporary record of the date and place of the 
child's birth kept in the Bible in which the records of the births of the 
family of the child are preserved, or other documentary evidence ap- 
proved by the state commissioner of labor, such as a passport showing 
the age of the child, a certificate of arrival in the United States issued 
by the United States immigration officers and showing the age of the 
child, or a life insurance policy; pr-ovided, that such other satisfactory 
documentary evidence has been in existence at least one year prior to 
the time it is offered in evidence; and provided, further, that a school 
record or parent's, guardian's or custodian's affidavit, certificate, or other 
written statement of age alone shall not be accepted. 

(d) A certificate signed by the public health physician or a public 
school physician specifying what in the opinion of such physician is the 
physical age of the child; such certificate shall show the height and 
weight of the child and other facts concerning its physical development 
revealed by examination and upon which the opinion of the physician as 
to the physical age of the child is based.' In determining such physical 
age the physician shall require that the school record or the school census 
record showing the child's age be submitted as supplementary evidence. 



School Law of West Virginia 111 

The issuing officer shall require first the proof specified in sub-division 
(a) and shall not accept the proof designated in any subsequent sub- 
'division until he shall have been convinced that the proof specified in 
the preceding sub-division cannot be obtained. 

Proof of Schooling 

A certificate signed by the principal of the school last attended show- 
ing that the child can read and vi^rite correctly simple sentences in the 
English language and that he has satisfactorily completed the studies 
covered in the first six yearly gra'des of the elementary public schools, or 
their equivalent; iti case such certificate cannot be obtained, then the 
officer lissuing the work permit shall examine such child to determine 
whether he can meet the educational standard specified and shall file in 
his office a statement settting forth the result of such examination. 

Proof of Physical Fitness 

A certificate signed by a medical inspector of schools or public health 
officer stating that the child has been examined by him and in his opinion 
has reached the normal development of a child of its age, and is in sound 
health, and physically able to be employed in the occupation i^n which 
the child intends to engage. 

Provided, that the superintendent of schools, or person authorized by 
him in writing shall have authority and is hereby empowered to issue 
a vacation work permit to children fourteen years of age or over with- 
out requiring a statement that the child has completed the sixth grade 
of the elementary course of stu'dy, or its equivalent, as hereinbefore pro- 
vided. Such vacation work permit shall be different in form and color 
from the regular work permit and shall be valid only during the time 
when the public schools of the district in which the child resides are not 
in session. Every vacation work permit shall be null and void on the 
day the public schools open for regular session. Provided, further, that 
the superintendent of schools or person authorized by him in writing 
shall have authority and is hereby empowered to issue a special work 
permit to any boy twelve years of age or over to work in business offices 
and mercantile establishments outside of school hours without requiring 
a statement that he has completed any school grade whatsoever. 

Sec. 4. That the work permit mentioned in the foregoing section shall 
set forth the full name, the date and place of birth of the child with 
the name and address of his parent, guardian, or custodian and shall 
certify that the child has appeared before the officer issuing the permit 
and submitted the proofs of age, physical fitness, schooling and prospec- 
tive employment required in the foregoing section. Printed forms for 
these permits and certificates shall be prepared and furnished by the state 
commissioner of labor to the superintendent of schools in the cities and 
counties of the state, A copy of each permit issued shall be forwarded 
to the state commissioner of labor within four days of its issuance and 



112 School Law of West Virginia 

there shall be kept in the office of the issuing officer a record of all per- 
mits granted and of all applications 'denied as well as all certificates of 
age, schooling, physical fitness and prospective employment submitted 
by the applicants for permits. The state commissioner of labor may at 
any time revoke a permit if in his judgment it was improperly issued 
and for thi's purpose he is authorized to investigate into the true age 
of any child employed to hear evidence and to require the production of 
relevant books or documents; if the permit be revoked the issuing officer 
and the person employing the child at the time shall be notified of such 
action, and the child shall not thereafter be employed or permitted to 
labor until a new permit has been legally obtained. 

Sec. 5. That upon the request of any employer who is desirous of em- 
ploying a child who represents his or her age to be sixteen years or over, 
the local officer charged with the issuance of work permits shall require 
of such child the proof of age specified in section three of this act and 
upon receiipt thereof if it be found that the child is actually sixteen years 
of age or over, shall issue to such employer a certificate showing the 
age and date and place of birth of such child. Such age certificate when 
filed in the office of the employer shall be accepted by the officer charged 
with the enforcement of this act as evidence of the age of the child in 
whose name it was issued. Any officer charged with the enforcement of 
this act may inquire into the true age of a child apparently under the 
age of sixteen years who is employed, permitted or suffered to work in 
any gainful occupation and for whom no work permit or age certificate 
is on file and if the age of such child be found to be actually under six- 
teen years the presence of such child in such establishment shall be 
deemed a vi'olation of the provisions of this act. The state commissioner 
of labor may at any time revoke any such age certificate if in his judg- 
ment it was improperly issued and for this purpose he is authorized to 
investigate into the true age of any child employed as in the case of 
work permits. The issuance of work permits and of age certificates shall 
be under the supervision of the state superintendent of free schools, who 
shall seek at all times to standardize this work. 

Sec. 6. That no child under the age of si^xteen years shall be employed, 
permitted or suffered to work in, about or in connection with any gainful 
occupation except agriculture or domestic service for more than six days 
in any one week, nor more than forty-eight hours in any week, nor more 
than ei'ght hours in any one day; nor before the hour of six o'clock in the 
morning, nor after the hour of seven o'clock in the evening of any day. 
Every employer shall post and keep posted in a conspicuous place in 
every room where any child between the ages of fourteen and sixteen 
years is employed, permitted or suffered to work, a printed notice setting 
forth the maximum number of hours such person may be required or 
permitted to work each day of the week, the hours beginning and ending 
work each day and the time allowed for meals; the printed form of such 
notice shall be furnished by the state commissioner of labor and the em- 
ployment of such child for a longer time in any day than so stated or at 



School Law of West Virginia 113 

any time other than as stated in said printed notice, shall he 'deemed a 
violation of the provisions of this section. 

Sec. 7. That- it shall be the duty of the state commissioner of labor, 
his assistants, factory inspectors, school truancy officers and accredited 
agent of the humane society, to enforce the provisions of this act; pro- 
vided, however, that the provisions relating to the employment of chil- 
dren in mines shall be enforced by the state department of mines, said 
department to make complaint against any person, firm or corporation, 
violating any of the provisions of this act, and to prosecute the same be- 
fore any magistrate or court of competent jurisdiction. 

Sec. 8. That any person or agent or representative of any firm or cor- 
poration, who violates any of the provisions of this act, or any parent, 
guardian, or custodian of any chil'd who permits or suffers such child to 
work in violation of any of the provisions of this act, or any superin- 
tendent of county or city schools who illegally issues a work permit to a 
child, or any person who furnishes false evidence in reference to the 
age or birthplace or educational qualifications of a child, shall for a first 
offense be punished by a fine of not less than twenty dollars or more than 
fifty dollars; for a second offense by a fine of not less than fifty dollars 
or more than two hundred dollars, or by imprisonment for not more than 
thirty day or by both such fine or imprisonment; for a third or subsequent 
offense by a fine of not less than two hundred dollars or by imprisonment 
for not more than si^xty days or by both such fine and imprisonment. 

Sec. 9. That sections twenty-four (insofar as it relates to the employ- 
ment of children) twenty-five, seventy-one, seventy-two, seventy-three and 
seventy-four, chapter fifteen-h and section sixteen-d (two) chapter one 
hundred and forty-four, code one thousand nine hundre'd and sixteen, 
and all acts or part of acts inconsistent herewith are hereby repealed. 

4-H. CAMP INSTITUTE 

(Chapter 4, Acts of the Legislature 1921, Regular Session.) 
•Sec. 1. There is hereby established at some suitable location a "4-H" 
camp institute and state exhibit of boys' and girls' club work for the pur- 
pose of teaching boys and girls the "4-H" standards of living and to in- 
spire them to lift themselves toward these standards, and to discover and 
train boys and girls for leadership and for the purpose of teaching stand- 
ards of excellence in Agriculture and Home Economics. It shall be the 
duty of the state board of control to secure a site for the aforesaid 
camp institute and state show, and to erect the necessary buildings, and 
provide necessary and suitable equipment. It shall be the duty of the 
state board of control when said grounds and builditags are provided 
and equipped, as above stated, to turn them over to the college of agricul- 
ture of West Virginia university to be operated by the extension division 
in carrying out the purposes and intents herein set forth. 

Sec. 2. When not in use by the extension division and under their 
regulations this equipment may be rfente'd to other organizations for con- 



114 School Law of West Virginia 

vention use. Any money derived from such rent shall be turned over to 
the state board of control. 

Sec. 3. Any appropriations liereafter made to carry out' the provisions 
and purposes of this act shall be expended through tlie state board of 
control. 

All acts and parts of acts inconsistent herewith are hereby repealed. 

STUDY OF FIRE PREVENTION 

(Chapter XI Acts of the Legislature 1921, Regular Session.) 
Sec. 1. The state superintendent of schools is hereby empowered and 
directed to provide a course of study in fire prevention for use in the 
public, private and parochial schools of this state, dealing with the pro- 
tection of lives and property against loss or damage as a result of pre- 
ventable fires. 

Sec. 2. It shall be the duty of the county superintendent, board of 
education, directors, trustees or other committees or persons having con- 
trol of public, private and parochial schools in each county, village, city 
or school district, to arrange for such course of study in fire prevention 
and to compel its use in each school under its or th-eir control or direc- 
tion. 

WEST VIRGINIA TRAINING SCHOOL FOR MENTAL DEFECTIVES 

(Chapter 131, Acts of the Legislature 1921, Regular Session.) 

Sec. 1. There is hereby established for the treatment and train- 
ing of mental defectives a state institution to be known as the "West 
Virginia Training School." It shall belong to that class of institutions 
mentioned in section four, chapter fifteen-m of the code, and shall be 
managed and controlled as provided in said chapter, all the provisions 
whereof shall be applicable to said school except as in this act provided. 
The chief executive officer thereof shall be a superintendent, who shall 
be a legally qualified physician, scientiflcary trained in mental medicine 
and of not less than five years' experience in the treatment and care 
of insane persons and mental defectives, ami who shall be appointed 
by the governor with the advice and consent of the senate. 

Sec. 2. As soon as practicable hereafter the state board of control 
shaJl select and acquire a suitable site and adequate lands, construct the 
necessary buildings and purchase the necessary equipment for said 
school. The state board of education shall have general control and 
management of the educational affairs of said school when established 
an'd shall employ professors and teachers for said school and shall fix a 
yearly and monthly salary to be paid to each person so employed, to be 
approved by the state board of control, according to law. 

Sec. 3. There shall be admitted to said school any person with men- 
tal defectiveness from birth or an early age, so pronounced that he or 
she is unable to care for himself or herself and manage his or her af- 
fairs with ordinary prudence, and who because of mental defect is a 



School Law of West Virginia 115 

menace to the happi'ness and welfare of himself or herself or of others 
in the community, and therefore requires care, training or control for the 
protection of himself or herself or of others, an'd yet who is not insane. 
This type of persons, commonly classed as feeble-minded, including idiots, 
imbeciles and morons, shall be known and designated as mental defec- 
tives for the purposes of this act. Should the school at any time not 
be able to accommodate all persons of such class offered for admission, 
preference in admission shall be given to children and women of child- 
bearing age. 

'Sec. 4. Mental 'defectives shall be admitted to said school in the fol- 
lowing manner: 

(a) The county mental hygiene commission shall have jurisdiction 
of all applicants for commitment of persons to said school. Any relative 
of a person affected may make application, by complaint under oath, to 
have the person adjudged a mental defective; but when the relatives 
of a mentally defective person either neglect or refuse to place said per- 
son in said school, or in some private institution of a like nature, and 
shall permit him or her to go at large, then any reputable citizen of the 
county may, by complaint under oath, make application to the mental 
hygiene commission for such commitment; and said complaint shall not 
be subject to exception for defects of form. When application is filed 
for commitment of an alleged mentally 'defective person, the commi's- 
sion shall appoint two physicians to examine such person and determine 
whether or not he is mentally defective. Both of these physicians shall 
be selected as being the most capable physicians available because of 
knowledge of and training in mental medicine, and neither of them shall 
be related in any wise to the person sought to be committed. 

(b) Where any court of the state has on trial before it a prisoner 
for an offense, and the judge shall have cause to believe that the pris- 
oner is mentally defective, he may appoint two physicians as aforesaid to 
examine the prisoner, to ascertain whether or not he is in reality men- 
tally defective; and if said physicians shall pronounce sai'd prisoner to be 
mentally defective, the judge may commit him to said school. 

In either of the cases named above, the physicians making the examina- 
tion shall be required to make such examination complete and thorough, 
both mentally and physically, and shall be required to make to the com- 
mission or court appointing them certification as to their findings in the 
matter. This certification shall be in the form prescribed by the state 
board of control, and shall be made in duplicate, one copy of the same 
being sent with the patient when committe'd to the school, and the other 
copy being filed with the commission or court committing such person; 
and it shall be the duty of the superintendent of said school to refuse 
admission to any person unless he or she shall present a copy of said 
certification. 

The commission or court, by order, shall designate some reputable 
person to convey such mentally defective person to the school and to 
protect such person until such time as he or she can be conveyed to the 



116 School Law of West Virginia 

institution. In the case of a female being taken to tlae school, a female 
attendant must be provided. 

All expenses connected with the commitment of persons hereunder 
and conveying of such mentally 'defective person to the school shall be 
borne by the county in which said person has legal settlement. 

(c) The relative, guardian or friend of any inmate of any state in- 
stitution shall have the right and power to apply to the mental hygiene 
commission for an order directing an examination of said inmate, in the 
manner aforesaid, to determine whether or not he or she is mentally de- 
fective, then the said commission shall have the right to remove him or 
her from the institution in which said inmate may be, and commit him 
or her to the "West Virginia Trailing School"; provideci, that this clause 
shall apply only to those who might in tlie first instance have been com- 
mitted to said school. 

Sec. 5. The training an'd treatment of persons admitted to the school 
shall be along such educational, medical and industrial lines as have 
proved most effective in approved institutions for mental defectives. The 
medical staff of such institution is hereby authorized to administer such 
medical treatment and perform 'such surgical operations for the inmates 
therein as may be necessary and expedient for the cure and prevention 
of mental defectiveness or disease. 

Sec. 6. When, in the judgment of the superintendent of the school, a 
patient or inmate thereof shall, under the treatment and training given 
therein, improve mentally and physically to such an extent as no longer 
to constitute a menace to himself or others, the superintendent shall 
have the right and it shall be his duty to parole such person, under 
such rules and regulations as the board of control may prescribe. 

Sec. 7. That sections four, six, eight, nine, ten, eleven, twelve, thir- 
teen, nineteen, twenty, twenty-three, twenty-seven, twenty-eight, twenty- 
nine, thirty-three and forty-four of chapter fifty eight of the code of one 
thousand nine hundred and sixteen, be amended an'd re-enacted so as to 
read as follows: 

Sec. 4. There is hereby established in each county a mental hygiene 
commission, to be composed of the president of the county court, the 
prosecuting attorney and the clerk of the county court, who shall serve 
as such without compensation, except for traveling or other necessary 
expenses incurred in the discharge of their duties as members of the 
commission, which expenses shall be audited by the county court and 
paid out of the county treasury; provided, that if the president of the 
county court shall not reside conveniently to the county seat and for 
that reason, or for other reason, shall desire not to serve as a member 
of the commission, the county court may choose one of its other members 
as a member of said commission. The president of the county court, or 
other member thereof chosen in his stead, as above provided, shall be 
the chairman of the commission. In his absence, the prosecuting attorney 
shall act as such chairman, the clerk of the county court shall be the clerk 
of the commission, and shall keep in a proper book provided for the pur- 
pose the full and careful proceedings of all the acts, orders and resolu- 



School Law of West Vieginia 117 



tions of the commission. Two members of the commission shall be a 
quorum thereof. 

Sec. 6. If the person so found to be a lunatic by the commission is 
a resident of another county of this state, the commission shall make up 
and transmit to the sheriff of its county a copy of the evidence taken on 
the examination of such person, and shall find and certify to the sheriff 
the following facts concerning such person, namely: His name, color, 
age and sex, and the county of which he is a resident, giving the name of 
the city, town or postofRce of such residence, if known. Such certificate 
and copy of the evidence shall be signed by the chairman and clerk 
of the commission, attested by the seal of the county. Upon receipt 
of such certificate and copy of evidence, the sheriff shall thereupon re- 
move such person to the county of which he is a resident and deliver him 
into the custody of the clerk of the county court; or, in his absence, to 
the sheriff, and take a receipt in writing for him, which shall show the 
name of such insane person, the date of delivery, the person who de- 
livered him and the person receiving him. The sheriff shall make due 
return to the clerk of the county court of his county, showing the man- 
ner in which he removed such insane person, making the above men- 
tioned receipt part of such return. Such return shall be entered by the 
county clerk in the record of the proceedings of the county mental hygiene 
commission. The expenses necessarily incurred in effecting such removal, 
including the compensation to the person making the same, not to ex- 
ceed three dollars per day, and one guard when necessary, not to exceed 
one dollar and a half per day, for each day actually so employed, shall be 
paid out of the county treasury, and shall be refunded to the county 
paying the same by the county court of the county to which such lunatic 
was removed and of which he was a resident. The mental hygiene com- 
mission of the last named county shall proceed in the case of such luna- 
tic as in the case of a person brought before them charged with beitng 
a lunatic, and in such case may consider the evidence and certificate 
delivered to them by the commission of the other county. 

Sec. 8. The superintendent of the hospital to whom application is 
made as hereinbefore provided, shall, on receipt of such application, 
carefully consider the same, and if he be of the opinion that the per- 
son named is a proper one to be admitted to his institution, and there 
is room for him therein, he shall, without delay, cause such person to be 
brought to his hospital by one of the attendants thereof, the actual 
expense? whereof shall be paid out of the proper fund of the hospital, and 
repaid to the state by the county as hereinafter provided. If there be 
no room in the hospital to which the application is made, the superin- 
tendent thereof shall immediately communicate the fact to the state 
board, which he may do when deemed necessary by telegraph or tele- 
phone, and transmit the commitment papers to the state board, whose 
duty it shall be to ascertain whether there is room in any one of the 
other hospitals, and if there is, to cause him to be admitted thereto, and 
-the superintendent thereof to send attendant for such person; provided, 
that any reputable and trustworthy relative or friend of such insane per- 



118 School Law of West Virginia 

son may be allowed by the county mental hygiene commission to de- 
liver him to the hospital, if such relative or friend will do so, without 
expense to the county or state. 

Sec. 9. When a person committed to a state hospital is received there- 
in he shall be carefully examined by the superintendent and the assist- 
ant thereof, who are hereby constituted the examining board of such 
institution. Such examination shall be made as soon after such person 
is received in the hospital as may be prudent; and, if from such exami- 
nation (or from a subsequent examination, if the first one be not satis- 
factory to the examining board) he is found to be insane and a proper 
person to be received therein, he shall be registered as an inmate of 
such hospital, and receive maintenance, treatment and care therein; 
but if he is not a proper person to be received in such hospital, or if 
in the opinion of the examining board such person be not insane, the 
superintendent shall cause him to be returned by an attendant to the 
sheriff of the county from which he was received. On receiving any 
such person it shall be the duty of the sheriff immediately to notify the 
clerk of the county court thereof; and it shall be the duty of the mental 
hygiene commission of such county promptly to consider and dispose of 
such case. 

Sec. 10. The county court of any county may make contract with 
two or more competent physicians respecting the compensation to be 
paid to them for their services in examining lunatics and other persons 
brought before the mental hygiene commission of the county, the 
county court, or the circuit court, or confined in jail. The compensation 
of physicians, of all witnesses, and of all other persons and officers 
whose compensation is not fixed in this chapter or by any other law, 
employed in examination of such persons, or for their care and main- 
tenance, or for other services in connection therewith, unless the same 
shaU have been agreed upon before or at the time such service was per- 
formed, or is fixed by law, shall be such as may be prescribed by the 
county court of the county, and shall be paid out of the county treasury. 

Sec. 11. Any resident of this state who is in the early stages of in- 
sanity, or believes himself about to become insane, or any epileptic Avho 
is not insane, or any other person so afflicted as to believe that treat- 
ment in one of said hospitals would be beneficial to him, may make appli- 
cation to the state board for the benefit of treatment in one of the state 
hospitals, as a voluntary patient. The application must be in writing, 
in such form as the state board may prescribe, and be signed by the 
applicant, who shall acknowledge his signature before a justice or a 
notary public. The state board may require the certificate of one or 
more physicians and such other evidence of the mental and bodily 
condition of the applicant as they may think proper; and the board may 
admit him for treatment in any state hospital upon such terms and con- 
ditions, and with such security for payment of the price agreed upon 
for treatment and maintenance therein, as the board may deem proper- 
A voluntary patient may be discharged upon certificate of the superin- 
tendent of the hospital, because he is cured or because further treat- 
ment therein is unnecessary or undesirable. A voluntary patient shall 



School Law of West Virginia 119 



have the right to leave the hospital at any time if in the judgment of the 
superintendent he is in fit condition, and it is prudent for him to go at 
large, by giving five days' notice of his desire to do so. Any relative 
or friend of any such person, may make application to the state board 
for his treatment in a state hospital, and the board may take such action 
thereon as is provided above in this section, all the provisions of which 
shall apply to such case, so far as applicable, as when the application is 
made by the person himself. 

Sec. 12. There shall also be admitted to the Huntington state hospital 
such patients as the state board may deem eligible; but in no case to 
include tubercular, cancerous or leprous persons. Such persons shall 
be committed by county courts, or in such other manner as the state 
board may prescribe, and according to regulations prescribed by said 
board. 

Sec. 13. When any patient in any state hospital is restored to sanity 
the superintendent shall give him a certificate of restoration and dis- 
charge him from custody. Any patient out on parole, or on bond, or 
otherwise temporarily released from a hospital, who has been restored to 
sanity, may present himself to the superintendent. If after examination 
the superintendent shall find him sane, he shall give him a certificate of 
restoration and a discharge. Any person who has been found insane by 
a county mental hygiene commission or any other board or tribunal 
other than a circuit court, and any person who is confined in any hospital 
or other place of confinement or otherwise restrained of his liberty in 
violation of law, or a patient who has been restored to sanity and to 
whom the superintendent of the hospital refuses to give a certificate of 
restoration and discharge, may present his petition, or any relative or 
friend may present a petition in his behalf, to the circuit court of the 
county in which the hospital is located in case of a patient denied the 
certificate of restoration, and in other cases to the circuit court of the 
county in which the person is confined or is in custody, stating the facts. 
The courts shall treat such petition as an application for a writ of 
haheas corpus, so far as applicable and necessary, and cause such pro- 
cess to issue as the court may deem proper, and fix a time for the hear- 
ing of the case, which may be heard by the court either with or without 
a jury, as the court may order; and if the person is found sane, or it i's 
found that he is held in custody in violation of law, he shall be dis- 
charged. In cases of patients who have been denied certificates of restora- 
tion and di'scharge by the superintendent of a hospital, or in which it is 
alleged that a patient is held in custody illegally in any state hospital, 
the superintendent shall have at least five days' notice of the time and 
place of the trial in the circuit court. In all such cases the prosecuting 
attorney shall represent the sheriff or other county officer or the commis- 
sion who shall be a defendant in such proceedings; and the attorney 
general shall represent the superintendent of any hospital who is a de- 
fedant. In case the decision shall be against the applicant, he or his 
bondsmen (if any), or the person signing the petition, shall pay the costs 
of the proceeding. In any case in which a court may find a person sane 



120 School Law of West Virginia 

upon an inquest or trial respecting hi's sanity, he shall be discharged 
and entitled to a certified copy of the order of the court made in the 
case. Nothing in this section shall be construed as applying to patients 
charged with or convicted of crime, as provided in section fifteen hereof. 

Sec. 19. If any reputable person present to the clerk of the county 
court of a county wherein a person is confined as a lunatic, other than 
one charged with or convicted of crime, or other than one confined in 
a state hospital, or a duly licensed private hospital, an application in 
writing for the discharge of such lunatic on the ground that he has 
been restored to sanity, the mental hygiene commission for the county 
must consider the same, and may proceed to make an inquest upon such 
lunatic as is hereinbefore provi'ded. If the commission find that such per- 
son has been restored to sanity, they shall set him at liberty, if they have 
authority to do so; and if they have not such authority, they shall give 
a certificate of their finding to the person making the application, who 
may present it to the proper court. 

Sec. 20. When a person is found insane or to be mentally defective, 
by the county mental hygiene commission, or be committed to a state 
hospital by the county court, the county court shall appoint a guardian 
or a committee for him; and when a person is found insane by the circuit 
court, such court shall appoint a guardian or committee for him. 

Sec. 23. If the personal estate of such insane person or mentally de- 
fective, be i'nsuflScient for the 'discharge of his debts, or if such estate or 
the residue therefor after payment of the debts, and the rents and profits 
of his real estate, be insufficient for his maintenance and that of his 
family, if any, the guardian or committee of such person may petition 
the circuit court of the county in which he was appointed, for authority 
to mortgage, lease or sell so much of the real estate of such insane per- 
son as may be necessary for the purposes aforesaid, or any of them; 
setting forth in the petition the particulars and the amount of the estate, 
real and personal, the application which may have been made of any 
personal estate, and an account of the debts and demands existing against 
the estate. 

Sec. 27. For the purposes of this chapter no person shall be considered 
a resident of this state unless he is a citizen of the United States and 
has been a bona fide resident of this state for at least one year, and was 
not insane when he came into this state. And as among the counties, 
no* person shall be considered a resident of a county who is not a resident 
of the state as above defined, and has been a resident of the county for 
at least sixty days, and was not insane when he came into the county. 
In the inquest on a person before them suspected of insanity, the county 
mental hygiene commission, if it appear that he is not a resident of this 
state, shall make diligent inquiry to ascertain his residence, an'd if it be 
ascertained, shall state in the commitment papers as definitely as their 
information shall justify, the city, town or other place, as well as the 
state or country, of which he is a resident. When a person who is a 
non-resident of the state is sequestered as an inmate of a state hospital, 
ihe superintendent thereof shall immediately report the fact to the state 



School Law of West Virginia 121 

hospital board. The board shall take proper steps to cause such a per- 
son to be deported, if an alien; or, if otherwise a non-resident of this 
state, to be taken to the state, territory or place of his residence and 
delivered to the proper authoritites thereof. 

Sec. 28. No private hospital for the care an'd treatment of the insane 
or mental defectives for compensation shall be established unless a per- 
mit therefor shall be first obtained from the state board. The application 
for such permit must be accompanied by the plan of the premises to be 
occupied, and with such other data and facts as the board may require, 
who may make such terms and regulations in regard to the conduct of 
such hospital as it may think proper and necessary. The state board, 
or any member thereof, or any person by the board authorized to do so, 
shall have full authority to investigate an'd inspect such private hos- 
pital; and the state board may revoke the permit of any such hospital 
for good cause, after reasonable notice to the superintendent or other 
person in charge thereof. 

Sec. 29. Any physician who shall sign a certificate respecting the 
sanity of any person without having made the examination as provided 
for by this chapter, or shall make any statement in any such certificate 
maliciously for the purpose of having such person declared insane, and 
any person who shall maliciously make application to any mental hygiene 
commission or other tribunal for the purpose of having another person 
declared insane, shall be fined not exceeding five hundred dollars, or im- 
prisoned not exceeding one year, or both fined and imprisoned at the 
discretion of the court. Not more than one physician of any firm or 
association of physicians practicing medicine together, shall sign a cer- 
tificate provided for in this chapter respectng the mental or bodily con- 
dition of any person suspected of insanity. 

Sec. 33. Every county shall pay into the state treasury at the rate of 
fifty dollars per annum for every epileptic, idiot, embecile, or such other 
incurable defective heretofore or hereafter admitted as a patient or in- 
mate to a state hospital or training school from such county, but the 
counties shall not be required to pay at said rate of fifty dollars per 
annum or any other sum to the state for the maintenance of any insane 
person proper, anything in this act or any provision of the laws of this 
state to the contrary notwithstanding. At every levy term of each county 
court it shall estimate for and levy a sufficient amount to meet all such 
expenses. The superinten'dent of said hospital, on or before the tenth 
day of January of each year, shall certify to the auditor a list of all the 
patients in the said hospital during the whole or any part of the pre- 
ceding year for which the counties are to pay, showing on such list under 
the name of the county, the number from each county and the length of 
time he was in said hospital during the year, and showing the amount 
due from each county for each patient, and the total amount due from 
each county for the year. As soon as such list is received by the auditor 
he shall charge to each county the amount appearing to be due from the 
certificates of the said superintendent. Within ten 'days after the re- 
ceipt of such certificate the auditor shall make out a copy thereof for 



122 School Law of West Vieginia 

each county and certify the same to the county court thereof, which list 
shall show the name of each patient in said hospital from the county 
during the year, the length of time he was i'n such hospital during the 
year, the amount charged for each patient, and the total amount charged 
on account of all such patients from the county; and said total amount 
shall constitute a debt against the county due the state. Whenever there 
is in the state treasury a sum of money due any county from any source 
the same shall be at once applied on the debt aforesaid against the 
county, and the fact of such application of such fund shall be reported 
by the auditor to the county court of the county, which report shall be 
a receipt for the amount therein named. All moneys paid into the state 
treasury by counties as herein provided shall be credited by the auditor to 
the current expense or maintenance fund of said hospital, and shall be 
subject to be drawn out of the state treasury on the requisition of the 
state board of control for the current expenses of the said hospital, and 
all such moneys are hereby appropriated for that purpose. 

Sec. 34. All moneys which any county shall pay or become liable for 
under the provisions of this chapter on account of any inmate from 
the county in any state hospital or training school, the county court of 
the county may recover, within five years after payment of the same 
by the county or from the time the gounty became liable therefor, from 
the persons and in the manner following namely: If the inmate be a 
minor, from his guardian; or, if he have no estate, or it be insufficient, 
from his father; or, if he have no father or his estate be insufficient, 
from his mother. If the inmate be an adult, from his or her estate; but 
if such estate be insufficient, and the inmate be a wife, from the estate of 
her husband; or, if his estate be insufficient, from the estate of her chil- 
dren, or such of them as have sufficient estate. If the inmate be a hus- 
band, and his estate be insufficient, from the estate of his wife; or, if her 
estate be insufficient from the estate of his children, or such of them as 
have suflScient estate. It shall be the duty of the guardian or committee 
of any such inmate to pay to the county of which his ward is a resi- 
dent, i'f he have sufficient estate in his hands to do so, the money so due to 
the county from his ward. The county court may order its clerk to make 
out a bill against any such inmate for the sum so due to the county, 
which bill shall show the different items an'd the amount of each, and be 
certified by the clerk as correct, and by him delivered to the sheriff for 
collection. The clerk shall charge against the sheriff the amount of each 
of such bills, showing the date when delivered to the sheriff. It shall be 
the duty of the sheriff to collect the same from the proper person, or the 
guardian or committee of such inmate. Within sixty days after receiving 
any such bill, or at the next session of the county court held after the 
expiration of such sixty days, the sheriff shall make a report to the county 
court of his acts in respect thereto and return all such bills he has been 
unable to collect. The county court may re-deliver any of such bills to 
the sheriff for collection, and in respect thereto the sheriff shall make 
report as above provided. 



School Law of West Virginia 123 

Sec. 8. All acts and parts of acts inconsistent with this act are hereby- 
repealed. 

STATE INDUSTRIAL HOME FOR COLORED GIRLS 

(Chapter 154, Acts of the Legislature 1921, Regular Session.) 

Sec. 1. There is hereby established a state institution to be known 
as the state industrial home for colored girls. It shall belong to that 
class of institutions mentioned in section three of chapter fifty-eight of 
the acts of one thousand nine hundred and nine, and shall be managed 
and controlled as provided in sai'd act, all the provi'sions whereof shall 
be as applicable to said home as if the same were named in said section 
three of said act. The chief executive officer thereof shall be the superin- 
tendent, who shall be a citizen of the state of West Virginia, and a person 
of good executive ability, and shall be appointed by the governor with 
the advice and consent of the senate. 

Sec. 2. The state board of control and the advisory council to the 
state board of education, shall jointly select a suitable site for such home 
and provide plans for the necessary buildings as soon as practicable 
after this act shall go into effect; and thereafter all the provisions of 
said chapter fifty-eight of the acts of one thousand nine hundred and 
nine, and of chapter twenty-seven of the acts of one thousand nine hun- 
dred and eight and of chapter forty-five of Barnes' code of one thousand 
nine hundred and siixteen shall govern herein as far as applicable. 

Sec. 3. Girls eligible to be received into said home are those who 
are from seven to eighteen years of age, and who may be committed 
by any justice of the peace of this state, on complaint and due proof 
made to hita by the parents, guardian or next friend of such girl, that 
by reason of incorrigible or vicious conduct, such girl has rendered her 
control beyond the power of such parent, guardian or next friend, and 
made it manifestly best that such girl should be placed in said home; or 
by any criminal, circuit or intermediate court of this state. Girls may 
be so committed for vagrancy up to eighteen years of age, or where 
parents, guardian or next friend agree and contract with the board of 
control for their support and maintenance, or girls up to fifteen years 
of age, who may be found in houses of ill fame or assignation houses, 
upon conviction thereof before any justice of the peace, mayor of a 
town or city; or girls convicted by any of the courts of this state of 
felony or misdemeanor, punishable by imprisonment, the judge in his 
discretion, instead of confining such girl in the county jail or sending 
her to the penitentiary, may transfer such girl so convicted to said home, 
from any county of this state; provided there is room there for such girl. 
Every girl committed to said home shall remaita there until she is twenty- 
one years of age, unless sooner discharged. 

Sec. 4. The state board of education and the advisory council thereto 
shall have supervision and control over the educational affairs of this 
institution. 



124 School Law of West Virginia 

STATE INDUSTRIAL SCHOOL FOR COLORED BOYS 

(Chapter 155, Acts of the Legislature 1921, Regular Session.) 

Sec. 1. There is hereby established a state institution to be known 
as the state industrial school for colored boys. It shall belong to that 
class of institutions mentioned in section three of chapter fifty-eight of 
the acts of one thousand nine hundred and nine, and shall be managed 
and controlled as provided in said act, all the provisions whereof shall be 
as applicable to said school as i'f the same were named in said section 
three of said act. The chief executive officer thereof shall be the super- 
intendent, who shall be a citizen of the state of West Virginia, an'd a per- 
son of good executive ability, and shall be appointed by the governor 
with the advice and consent of the senate. 

Sec. 2. The state board of control and the advisory council to the 
state board of education shall jointly select a suitable site for such 
school and provide plans for the necessary buildings as soon as prac- 
ticable after this act shall go into effect; and thereafter all provisions 
of said chapter fifty-eight of the acts of one thousand nine hundred and 
nine, and of chapter seventy of the acts of one thousand nine-hundred 
and thirteen and chapter forty-five of Barnes' code of one thousand nine 
hundred and sixteen shall govern herein as far as applicable. 

Sec. 3. Any male youth under the age of eighteen, and not under the 
age of ten years, may be committed to and received into the state in- 
dustrial school for colored boys, for the reason and in the manner fol- 
lowing: 1. By a justice of the peace of the county in which he resides, 
on complaint under oath and due proof made to him by the parent, 
guardian or other persons having the custody and control of such youth, 
that by reason of incorrigible or vicious conduct such youth has rendered 
his control beyond the power of the parent, or guardian or such other 
person, and made it manifestly requisite that, from regard for the morals 
and future welfare of such youth and the peace and order of society, he 
shall be placed in said school. 2. By the same authority, upon complaint 
under oath, and due proof before the justice that such youth Is a vagrant, 
incorrigible or vicious in disposition and conduct, and that his parents, 
guardian, or other person having custody of or authority to control him, 
are depraved or otherwise unfit, unwilling or unable to exercise care or 
•discipline over such youth. 

Sec. 4. Whenever any male youth under the age of eighteen years, 
shall be convicted in any of the courts of this state of felony or a mis- 
demeanor, punishable by imprisonment, the judge of said court in his 
discretion, and with reference to the character of the industrial school 
as a place of correction and not punishment, instead of sentencing said 
youth to be confined to the penitentiary or county jail, may order him to 
be removed to and confined in the said industrial school, to remain until 
he shall have arrived at the age of twenty-one years, unless sooner dis- 
charged by the state board of control. Male youth under eighteen years 
of age, convicted in any of the courts of the United States for the dis- 
tricts of West Virginia, of any offense punishable by imprisonment, may 



School Law of West Virginia 125 

also be received into said industrial school upon such regulations and 
such terms as to their maintenance and support as may be prescribed 
by the state board of control, and assented to by the proper authorities 
of the United States. 

Sec. 5. The state board of education and the advisory board thereto 
shall have supervision and control over the educational affairs of said 
school. 



APPENDIX 



FORMS AND INSTRUCTIONS 

Order of Proceedings at the First. Second and Third Annual Meetings 

of the Board 

First Meeting — First Monday in July 

1. Appoint a secretary. 

2. May appoint trustee for each sub-district. 

3. Determine the number of months tlie schools shall be taught in the 
'district during the school year. 

4.' Employ teachers. 

5. Fix the salaries of teachers according to the grade of certificate. 

6. Estimate the number of teachers of each grade that will be em- 
ployed. 

7. Ascertain the whole number of months to be taught in the district 
by teachers of each grade. 

8. May establish graded schools, change boundaries of sub-districts 
and provide for the erection of new buildings. 

9. Appoint attendance officer. 

Second Meeting — Second Tuesday in August 

At this meeting the board shall ascertain the condition of the fiscal 
affairs of the district and make up an itemize'd statement thereof setting 
forth : 

1. The separate amounts due the building fund and the teachers' fund 
from all sources or to become due these funds within the current fiscal 
year. 

2. All debts and demands upon both funds owed by the district or to 
become due and payable within the current year. 

3. All other expenditures to be made and payable out of each fund 
within the current fiscal year. 

4. The separate amounts necessary to be raised for each fund and 
the proposed rates of levy. 

5. The aggregate value of all taxable property in the district, stating 
separately the assessed value of real estate, personal property and prop- 
erty assessed by the Board of Public "Works. 

A copy of the above statement shall be prepared and certified for publi- 
cation as required by Section 3, School Levies and School Funds. The 
board shall then stand adjourned until the fourth Tuesday in August. 



128 School Law of West Virginia 

Third Meeting — Fourth Tuesday in August 

The board shall at this meeting transact the following business: 

1. Hear and consider any objections made to their estimate and pro- 
posed 'evy. 

2. Enter an order of record showing the objections made and the 
reasons for the same. 

3. Reconsider the original estimate ,and proposed rate of levy and 
correct the same if the objections appear to be well taken. 

4. Enter of record the corrections made. 

5. Lay the levy. 

To ascertain the number of cents to be levied on every one hundred 
dollars' valuation of property in the district to raise $7,030 by taxation, 
suppose the whole valuation in the district to be $1,850,000. 

Rule — Drop the cents, if any, and add four ciphers to the amount in 
dollars to be raised by the levy, and divi'de by the amount in dollars 
taxable property. 

Example: 1,850,000)7,030,000.0(38 cents* 

5,550,000 



1,480,000,0 
1,480,000,0 



Similar calculations should be made in relation to the maintenance 
building fund. 

FORM NO. 1 
Form of Orders to Be Entered of Record by the Board of Education 

Office of the Board of Education 

District, in the County of 

West Virginia. 

At a meeting of the Board of Education held on the day of 

19 , there were present, president, and 

and members of the board. 

On motion of it is ordered that be, an'd he 

is hereby appointed Secretary of this Board. 

On motion it is ordered that the following named persons be appointed 
trustees in the following named sub-districts, for a term of one or three 
years, and until their successors are appointed and qualified: 

Trustee for Sub-District No. 1 



Trustee for Sub-District No. 2 



School Law of West Vieginia 129 



On motion of , it is ordered that the basic salaries 

of teachers per month for the school year, shall be as follows, according 
to the degree of training: 

College graduate First grade certificate 

Normal School graduate Second grade certificate 

Short Course graduate Third grade certificate 



It is found by the board that in addition to the available funds now 

on hand, $ will be necessary for the payment of teachers' 

salaries for the current year, and on motion of it is 

ordered that a tax of cents on the one hundred dollars' valua- 
tion of the real estate and personal property of the district be levied for 
that purpose. 

(A similar order should be entered in relation to the levy for building 
fund.). 

On motion of. , it is ordered that the president and 

secretary of this board be authorized to sign, in vacation, all proper 
orders for the payment of money out of the teachers' fund or the building 
fund, for the salaries of teachers' employed and claims allowed 
by the board, and that they report the orders drawn on each fund, at 
the next meetihg of this board. 

'- If the rate exceeds 40c for the teachers' fund or ISc for maintenance build- 
in 2; fund, application should lie made to the State Superintendent for supplemental 
aid. 

The secretary of this board made a report this 'day for the several 
orders drawn by him and the president, on the teachers' fund and the 
building fund respectively, since the last meeting of the board, as fol- 
lows; An order on the teachers' fund, in favor of , a teacher, 

for $ ; an - order in favor of , a teacher, for 

$ ; also an order on the building fund, in favor of 

for work 'done on school house, for $ ; and an order, 

in favor of for furnishing wood for school house 

for $ 

On motion of , it is ordered that when in the opinion of the 

president or of the two commissioners it is deemed necessary, the presi- 
dent or secretary may call a special meeting of this board. 

On motion the board does now adjourn. 



Secretary President 

FORM NO. II 
Order of Appointment to Fill a Vacancy in the Board of Trustees 

[To be entered in records of the board.] 

There being a vacancy in the board of trustees in sub-district No , 

in the district of on motion of , it is ordered that 



130 , School Law of West Virginia 

'. be, and he is hereby appointed to fill said vacancy for the 

unexpired term, and till his successor shall be appointed and qualified. 

Note — This order of appointment should be entered in the record book of the 
board of education at a regular meeting and a copy of it signed by the secretary of 
the board served upon the appointee. 

FORM NO. Ill 

Appointment of a Member of the Board of Education to Fill a Vacancy 

OFFICE OF County Superintendent, 
OF the County of 

, West Virginia ,19 

It having been made known to me that there is a vacancy in the 

board of education in district in my said county, 

I , county superintendent of said county, in 



pursuance of the authority vested in me by law, hereby appoint., 
to fill the vacancy in said board until ihe next general election. 



, County Superintendent. 

FORM NO. IV 

Call for Special Meeting 

Office of ) 

District, ) 

County, W. Va. ) 

19... 

It appearing to that a special meeting of the board of 

education of said district is necessary to transact business relating to 

and other matters, a meeting is hereby called at 

at o'clock M 19 ... . You are requested 

to be present. 

Secretary 

To 

THE TEACHERS' SALARY SCHEDULE. 

(Sec. 55) 
The following table indicates the minimum salaries that must be paid 
in all schools outside of incorporated towns and cities in West Virginia. 



School Law of West Vikginia 131 

Classification Basic 2nd yr. 3d yr. 4th yr. 5th yr. 6-10 yrs. 11th 

Third grade $ 50 $ 53 

Second grade 65 68 $ 70 $ 72.50 $ 75 $ 80 $ 85 

First grade 85 88 90 92.50 95 100 105 

Short course 90 93 95 97.50 100 105 110 

Normal course 100 103 105 107.50 110 115 120 

College course 110 113 115 117.50 120 125 130 

Districts receiving state supplemental aid must adopt the salary 
schedule given above. 

Note — Basic salary is the salary paid teachers for first year's teaching. 

The law does not apply to schools in independent districts, incorporated 
towns and cities, high schools, junior high schools, and to salaries of 
supervising school officers. 

Higher rates of salary may be allowed to teachers of one-room schools, 
and for teachers who attend approve'd summer schools or secure Coupons 
of Credit. 

Note — Salaries are not inci-eased for experience after the sixth year till the 
eleventh year's teaching. 



INDEX 



Sec. 



Page 



ACCOUNTS : 

Expense : 

advisory council 

for attending conferences 

state board of education 

state superintendent of schools 

supervisor of colored schools . 

trustees 

teachers' institute 

uniform examination fees 



5 


10 


37 


21 


5 


10 


17 


15 


25 


18 


53 


26 


lis 


54 


100 


47 



ACTS' 



abolishing the common drinking-cup * 

child labor 

extension of term in normal-training high schools . . 

4-H camp institute 

prohibiting the use of cigarettes 

public libraries 

school code 

school levies and school funds 

State industrial school for colored boys 

State industrial home for colored girls 

state board of control 

state compensation act 

state department of health 

study of fire prevention 

West Virginia training school for mental defectives 



lOG 

109-113 

93 

113 

106 

103-105 

9-83 

85-93 

124 

123 

95-103 

107-108 

106-107 

114 

114 



ADDITIONAL : 



fund purposes 

levies for elementary and high schools 

salary for teachers 

term of school 

advanced salaries 



9a 


89 


5d 


86 


55 


28 


54 


27 


55 


39 



AGE: 



birth certificate may be required by attendance officer . . 123 56 

children admitted to kindergarten schools . 60 34 

compulsory attendance 122 55 

children under fourteen not to be employed, chap. 131 . . 1 109 

deaf and blind, compulsory attendance 130 60 

employed children shall attend evening schools 129 58 

enumeration of youths between six and twenty-one 91-92 45 

legal school 54 27 

proof, required in the employment of children, chap. 131 3 a-d 110 

teacher's minimum 96 46 

unemployed children under sixteen shall attend school . . 128 58 

anatomical board 145 66 



APPEAL : 



county superintendent concerning transfer of pupils 
supreme court concerning use of school funds, chap. 



126 



59 
12 



91 



134 School Law of West Virginia 



APPLICANTS 



APPOINTMENT 



ARMY SERVICE : 



ASSESSOR 



ATTENDANCE : 



AUDITOR : 



treneral school fund, amount reported by. chap. 12G 

inmates of industrial school listed by 

institute fees sent to 

report of state board of control to 

schools, deaf and blind, expense for clothing 

uniform examination fees sent to 



AUTHORITY ; 



Page 



coupons of credit 121 55 

elementary certificates 104 48 

emergency certificates 109 51 

high school certificates 105 50 

renewal of certificates Ill 52 

short-course certificates 107 51 

special certificates 108 51 

teacher's certificates, general requirements 96 40 



advisory council for colored schools 5 10 

assistants for conducting examinations SO 47 

assistants to state superintendent 25 18 

attendance officers _. 123 50 

district supervisors 5fi 30 

medical inspectors and school nurses 04 35 

members state board of control, chap. 15-ni 1 95 

members state board of education 4 9 

secretar.v district board of education 69 37 

secretary state board of education 11 

teachers 57 31 

trustees 53 26 

uniform examination graders 102 47 

vacancies in district lioard of education 43 23 



credit foi- teaching 55 30 

qualification of county superintendent 31 19 



certificate of valuation of property 72 38 

penalty for failure to perform duty 74 38 



district institute 120 55 

compulsory 122-130 55 

county institute 114 53 

officer 123 56 



7 


87 


169 


74 


119 


55 


182 


77 


154 


70 


100 


47 



board of education : 

to appoint trustees 53 26 

to appoint district supervisors 56 30 



School Law of West Vikginia 



135 



Sec. 

to provide kindergartens 60 

to purchase flags (5o 

to establish teachers" retirement fund OG 

to close schools for lack of attendance 58 

to discontinue high schools S4 

teacher's 87 

BALLOT : 

bonded indebtedness, chap. 12(> c 

secretary to prepare and furnish, chap. 126 10 

vote on increasing levy_ chap. 120 ."> d 

bajsic salaries 5.5 

BLANKS AND FORMS: 

child labor permits and certificates, chap. 131 4 

furnished by state superintendent 19 

preparation of forms for levies, chap. 126 lo 

teachers* reports SO 

used by boards of education (Appendix) 

BOARDS' : 

abolished IG 

county and district high school 78 

district board of education 41-68 

school fund, constitutional provision, Article XII. 4 

state board of control, chap. 15 -m 1-16 

state board of education 4-16 

state board of health . . . . 1-4 

BOND : 

contractors, repair of school houses 52 

county superintendent of schools 31 

members state board of control, chap. 15-m 1 

publishers of text books 11 b 



r'.\GE 
34 
35 
36 

43 
44 



89 
90 
86 
28 



111 
16 
92 
45 

127 



15 
39 
23 

5 
95 

9 
106 



26 
18 
95 
13 



BONDS 



bonded indebtedness, constitutional provision. Article 

outstanding bonded indebtedness, chap. 126 

sinking fund to pay bonded indebtedness, chap. 126 . . 
voting of 

BOOKS : 

free text 

public libraries (See public libraries) 

school libraries 

school text, adoption (See text books, also) . . . 

boys and girls 4-11 camp 

r.UANCHES : 

elementary certificates examination 

normal school 



X. 8 


4 


9 b 


89 


9 b & c 


S9 


183 


78 



65 


35 


1-9 


103 


62 


35 


11 


12 




113 



104 
147 



48 
66 



136 



Index to School Law 



BUILDING FUND 



Sec. 



Page 



Iniildins? furnituiv, equipment, and repairs 

expenses of trustees to be paid out of 

janitors to be paid out of 

levy for elementary schools, chap. 126 

levy for high schools, chap. 126 

oil and gas rental to be credited to 

proceeds for sale of school property added to 

teacher's expen.ses for transportation of free text books . 

BUILDINGS : 

district high school 

dormitories for high schools 

janitors for 

.joint district or county 

plans to 1)e approved ■ 

rei^aii' anil equipment of 

school bouses 

camp. Institute 4-H 

CERTIFICATES : 

credit for grades made in school 

emergency 

elementary 

binli school 

life 

normal school 

renewal of 

revocation of 

special 

supervisors (See sec. .^>6, page 30) 

provisional license, supervisors 

CHILD LABOR LAW : 

age certificates, chap. ISl 

children under fourteen not to be employed, chap. 131 . . 
children under sixteen not to be employed in dangerous 

occupations 

enforcement of the child labor law 

inconsistent acts repealed 

maximum number hours children may be required to work 

penalties 

work permits and proof of prospective employment, age, 

schooling, and physical fitness required 

CIGARETTES : 

use prohibited on school property 

CLERICAL HELF FOR COFXTY ST'PERINTENDENT 

CLERK OF COUNTY COURT : 

certify to name and bond of county superintendent .... 

keep a record of settlement with sheriff 

rate of leviess to be reported to (See omission page VIII) 



50 


25 


53 


26 


53 


20 


.'") 


SO 


5 


87 


4S 


24 


48 


24 


05 


30 



78 


39 


83 


42 


53 


27 


7ft 


40 


10 


12 


50 


25 


50 


25 




113 



110 


51 


109 


51 


104 


48 


105 


50 


111 


52 


104 


40 


111 


52 


112 


53 


108 


51 


106 


50 


56 


30 



rj 


112 


1 


109 


2 


109 


7 


113 


9 


113 


6 


112 


S 


113 



2,4 

34 a 



110 



106 
20 



31 


19 


190 


Rl 








Index to School Law 



137 



COLORED : 



Sec. 



Page 



institute, Bluefleld 

institute, Collegiate 

members of advisory council 

schools 

state supervisor : 

youth not to be taught with white (constitutional pr. 

Article 



.51 


69 


50 


68 


5 


10 


67 


36 


25 


18 



XII, 8 



COMiPENS'ATION 



advisory council 5 

assistants in uniform examination 99 

attendance officer , 123 

county superintendent of schools 33 

county financial secretary 38 

district board of education 45 

institute attendance 114 

institute instructors 117 

janitors ' 53 

school librarian G2 

secretary to state board of education G 

state board of education 5 

teachers 55 

state superintendent of schools 17 

supervisor of colored schools 25 

COMPULSORY ATTENDANCE : 

age, time, misdemeanor 122 

aiding or abetting violation of 126 

attendance officer — duties 123 

deaf and blind 130 

excused for attendance for . . . . | 122 a-i 

fine against parent or guardian 122 

fines collected 127 

fine for neglect of duty 125 

part time schools for employed children between 14-16 

years 129 

secretary to furnish enumeration list 124 

unemployed children 14-16 shall attend school 12S 

consolidated schools 58, 58 a 

CONTRACTS : 

breaking of 57 

school building and repairs 50-52 

teachers 86 

text books 11 

COUNTY SUPERINTENDENT OF SCHOOLS : 

compensation 33 

election, qualification, oath, bond 31 

may hold conference 37 

shall be chief executive officer 35 

shall be county financial secretary 38 

shall exercise other authority 40 



10 
47 
57 
19 
21 
24 
54 
54 
27 
35 
11 
10 
28 
15 
18 



55 
58 
56 
60 
56 
50 
58 
58 

58 
5i7 
58 
32 



31 
25 
44 
12 



19 
18 
21 
20 
21 
22 



138 Index to School Law 



Sec. Pagb 

shall make annual report 39 22 

shall visit schools :^G 20 

vacancy, how filled 32 1& 

COURSES OF STUDY : 

publication of 23 17 

reading circle 12 55 

schools supported by state funds . .' 9 12 

state normals S 12 

CREDIT: 

coupons for professional work 121 55 

grades made in school 110 51 

sheriffs accounts ISS 81 

DEAF AND ULIND : 

Compulsory education 130 60 

West Virginia Schools for the Deaf and the Blind 152 69 

admission l.">3 69 

clothing 154 70 

compensation for registration 158 71 

course of instruction 150 70 

registration 157 70 

DEBT : 

constitutional provision for, Article ... X, 7 4 

officials not to incur 12 91 

sinking fund to discharge 9 b 89 



DEFINITIONS : 



school, district, teachers 1 9 

school dictrict 2 & 

school year 3 9 



DENTAL AND MEDICAL CLINICS: 

board of education may provide for 50 25 

DISTRICT: 



\ 



constitutional provision for change. Article XII, 6 6 

definition of 1 9 

high school 78-79 39 

how laid off Article . VIII, 27 3 

independent, how created. Article XII, 10 6" 

institutes 120 55 

sub-divisions of 3 9 

supervisor 56 30 

duties 56 31 

may be appointed jointly by two or more districts. . 56 30 

qualifications 56 30 

term of employment (S'ee sec. 106, page 50) 50 30 



Index to School Law 139 



Sec. Page 
DISTRICT BOARD OF EDUCATION : 

bond required from contractors 52 26 

evening schools and other school extension activities . . 61 S4 

free text-books 65 35 

how constituted — election — term 41 23 

may appoint district supervisor 56 30 

penalty 74 38 

report 75 38 

report rate of levy (See omission page VIII) 73 38 

salary ., 76 38 

may provide kindergarten 60 34 

medical inspection and school nurses 64 35 

meetings, quorum, compensation 45 23 

minimum salaries for teachers — board may increase .... 55 . 28 

minimum school term — iDoard may extend the same 54 27 

oath of office 44 23 

other duties 68 37 

school land 47 24 

shall appoint teachers 57 31 

shall have general control 58 32 

school property may be sold 48 24 

secretary 69-77 37 

abstract of proceeding 70 37 

administer oaths 71 38 

assessor's certificate 72 38 

general duties 69 31 

other duties 77 3fl 

penalty 74 38 

report 75 38 

report, rate of levy 73 38 

salary 76 38 

shall provide school sites 49 25 

shall provide buildings, furniture, and equipment 50 25 

shall provide school libraries 62 35 

shall provide schools for colored pupils 67 36 

tie in the vote 42 23 

transfer of pupils — tuition 59 33 

the district board a corporation 46 24 

vacancy, how filled 43 23 

DORMITORIES : 

levy for 88 42 

DRINKING CUP : 

use of common drinking cup prohibited ; penalties 1 106 

DUTIES 

attendance officer 123 56 

county superintendent J5-40 20 

district board of education 46-68 24 

district supervisor 56 30 

secretary of district board of education 69-77 37 

sheriffs, as to school funds 185-193 80 

state board of control 9-18 95 

state board of education 7-li5 11 

state superintendent 18-26 16 

teachers 86-95 44 



140 



Index to School Law 



ELECTION : 



Sec. 



Page 



ballot of levies 

county superintendent of schools 

district board of education 

tie in the vote 

district high school 

joint or county high school 

school, how held 

state superintendent of schools 

ELEMEXTA R Y : 

certificates 

diplomas 



10 


90 


.".1 


18 


41 


23 


42 


23 


78 


39 


70 


40 


184 


79 


17 


15 



104 



48 
17 



EMERGEXCY CERTIFICATES 



under regulation of state board of education 



51 



EMPLOYMENT 



assistants for conducting examination 99 

'assistants, state superintendent 25 

attendance officers 12.T 

children (see Child Labor Act) 1-9 

clerical assistants, sta'te board of control 8 

employees of state educational institutions 7 

medical inspectors and school nurses 04 

supervisors 50 

teachers 57 

t:numeration : 

by whom taken 91-9:^. 

copy with names of attendance officers for teachers .... 124 

deaf and blind 130 

manner of taking and reporting 912 

record and report of 94 

EXAMINATION : 

assistants for 09 

elementary certificates 104 

expenses of OS 

fees collected 100 

grading of manuscripts 102 

high school -certificates 105 

penalties for fraud 103 

renewal and reinstatement Ill 

special certificates 108 

supervisor's certificates 100 

time and place of holding 97 

transmitting questions and manuscripts 101 

EXCUSE : 

compulsory attendance 122 

institute attendance 114 



47 
18 
56 
109 
98 
11 
35 
30 
31 



45 
57 
60 
45 
46 



47 
48 
46 
47 
47 
50 
48 
52 
51 
50 
46 
47 



55 
53 



IxDEX TO School Law . 141 



EXPENSES : 



Sec. Page. 



o7 


21 


98 


46 


r, 


10 


7 


87 


17 


15 


2 


96 


25 


18 


118 


54 


53 


27 



advisory council i^ Iq 

board of education, supervisors, and principals for atten- 
ding- conferences 

examinations 

a state board of education 

state department of schools, general school fund 

state superintendent of schools 

state board of control 

supervisor of colored schools 

teachers' institute, to be read 

trustees 

EXPERIENCE : 

teacher's salar.v for '. . . 55 29 

EXPERIMENT STATION : 

■^'pst Virginia University 141 6.> 

EXPULSION : 

board of education may expel puplLs 87 44r 

pupils having contagious diseases shall be excluded from 

school 87 44 

EXTENSION : 

department of university .' 1.S9 64 

minimum term 54 27 

schools 01 .34 

FEES : 

institute ' 

renewal and reinstatement or certificates 

tuition : 

elementary schools 

high schools 

uniform examination 

FINANCIAL SECRETARY, COUNTY: 

county superintendent to be 38 21 

sheriff to settle with 187 86 



118 


54 


111 


52 


59 


33 


81 


41 


100 


47 



FINES 



aiding or abetting violation of compulsory attendance . . 

collection of 

compulsory education for the deaf and blind 

destruction of library equipment 

financial secretary for failure to make report 

fraud in examinations 

school officers for neglecting to enforce compulsory at- 
tendance 

use of cigarettes, chap. 16 

use of common drinking cup, chap. 23 

fire prevention, study of 



I2r, 


58 


127 


58 


130 


60 


8 


105 


39 


22 


103 


48 


125 


58 


2.4 


106 


1 


106 




114 



142 Index to School Law 



Sec. Page 
FinES : 

building of 58 2G 

prevention of 114 

FLAGS : 

board of education, may puroliase 03 35 

FORFEITURES AND FINES : 

to go to ttie general school fund, chap. 126 ....'. 7 87 

FORMS' AND BLANKS : 

child labor, state coinniissiouer of labor 4 111 

levies, state tax commissioner, chap. 120 1." 92 

school ; general statistics 19 16 

vocational education, state board of education l.'?.j 62 

FREE TEXT BOOKS': 

district board of education may provide 0."> 37i 

regulation for distribution and care of books 0.5 30 



FUND: 



additional purposes, chap. 120 '.> a 89 

new building : 

for elementary schools, chap. 120 5 87 

for high schools, <'liap. 120 5 87 

teachers : 

for elementary schools, chap. 120 5 86 

for high schools, chap. 120 5 87 

general school fund, chap, 120 7 87 

vocational (Smith-Hughes) 1-">1 01 



FURNITURE : 



for school buildings to be provided by board •">0 25 

for district and county high schools 78-70 39 

GENERAL : 

school fund. chap. 120 7 §7 

to be made up from what. chap. 126 7 87 

use of. chap. 120 7 87 

constitutional amendment, Article XII. 4 6 

supervision of schools : 

constitutional provision, Article XII, 12 6 

GIRLS' HOME (See industrial home for girls) : 

West Virginia Industrial 172-180 7r> 

State industrial home for colored girls 1-4 123 

GOVERNOR : 

advisory council, appointed liy ."> 10 

biennial report of state superintendent to 24 IT 

board of control appointed by 1 gg 

state board of education appointed by 4 9 



Index to School Law 



143 



CRADBD SCHOOLS : 



Sec. 



Page 



central, or consolidated schools 58 

may extend term 54 

principals to hold first grade certificates 104 

GRADES : 

from accredited schools in lieu of examination 110 

of certificates 104 

"GRADUATES : : 

Bluefleld colored institute 151 

high school certificates granted to 105 

normal school certificates granted to 104 

short course certificate granted to 107 

state normal 147 

supervisor's certificates granted to 106 

West Virginia Collegiate Institute 150 

West Virginia University 138 

HEALTH : 

board may provide medical and dental clinics (See sec. 

64-a) 50 

closing of schools on account of contagious diseases 57 

commissioners of health, powers and duties 1,2 

control of tuberculosis sanitarium 4 

inspectors and examiners, powers and duties 4 

public health council 2 

pupils having contagious diseases shall be excluded .... 87 

HIGH SCHOOL : 

Additional funds 9 

certificates 105 

classification 82 

county and district 78-79 

dormitories 8^> 

junior 85 

levy, chap. 126 5 

may be discontinued 84 

normal training — state aid 80 

requirements for teachers' certificates 104 

state aid 82 

text-books exempt from state adoption 11 

tuition SI 

HOLIDAYS : 

how observed 57 

HOME FOR GIRLS (SEE INDUSTRIAL HOME FOR GIRLS) : 

West Virginia Industrial 172-180 

industrial home for colored girls 1-4 

HOUSES (SEE BUILDINGS) : 

school 50 , 



.•{2 

28 
50 



51 

48 



69 
50 
41 
51 
66 
50 
68 
64 



23 
32 
106 
107 
107 
107 
44 



89 
50 
42 
39 
42 
43 

8r 

43 
40 
48 
42 
12 
41 



S2 



75 
123 



25 



144 I.\i)i:x TO School Law 



Sec. Page 



IMPROVEMENT: 



8 


4 


9 b 


89 


9 b&c 


89 


12 


91 



MO 


74 


IGU 


71 


104 


72 


l(i5 


72 


KJl 


71 


102 


72 


i<;9 


74 


IGC. 


73 


ins 


74 


171 


75 


1 r,:! 


72 


Km 


73 



legislature to encourage ; constitutiuiial provision Article 

XII, 12 6 

scliool buildings and repairs 50 25 

INDEBTEDNESS : 

bonded, constitutional provision Article X 

outstanding bonds. Chapter 120 

sinking fund to pay, Cliapter 12G 

unlawfully incurred by board ; penalty 

INDUSTRIAL SCHOOL FOR BOYS 139 71 

certification of list and credits to county court — levy 

compelling payment 

commitments 

commitment fees 

conveyance of youths to school — expenses 

convicts 

date accompanying commitment 

list of inmates for auditor 

offenses . . . : 

payment V)y counties of cost of detention — reimbursement 

parole 

proceedings for commitment 

transfers between school and penitentiary 

INDUSTRIAL SCHOOL FOR COLORED BOYS : 

establishment of 

site and buildings 

persons admitted 

confinement in 

control of educational affairs 

INDUSTRIAL HOME FOR GIRLS: 

admission 

binding out inmates as apprentices 

cruelty to apprentices 

date accompanying commitment — return and sentence. . 
jurisdiction of apprentices — by circuit court — desertion 

name — location 

removal of apprentices — escapes 

separation of races 

trial on complaint 

INDUSTRIAL HOME FOR COLORED CIRLS: 

establishment of 1 123 

site and buildings 2 123 

girls eligible to be received :{ 123 

control of educational affairs 4 123 

IN&TECTION : 

medical 04 35 

dental G4-a 35 



1 


124 


2 


124 


3 


124 


4 


124 


5 


125 



17:; 


75 


177 


76. 


17S 


77 


174 


7& 


ISO 


77 


172 


75 


179 


77 


170 


76 


17.-, 


76 



Index to School Law 145 



Sec. Page 
INSTITUTE : 

Bluefield Colored 151 69 

West Virginia Collegiate 150 68 

INSTITUTES, TEACHERS: 

attendance 114 53 

certificate of attendance 115 54 

district 120 55 

enrollment fee 118 54 

instructors 116 54 

pay of instructors 117 54 

reading circles — coupons of credit 121 55 

report to be made 119 55 

time and place of holding 113 53 



JANITORS : 



appointment of ^ 53 27 

compensation 53 27 

JOINT : 

district tiigh schools 79 40 

schools 51 26 

JUDGMENT : 

against sheriff for failure t® pay orders 192 82 

JURY: 

teachers exempt from serving on 88 44 

JUSTICES: 

to commit incorrigible boys to industrial school 160 71 

to remit fines to sheriff 127 58 

to try cases under compulsory attendance law 122 56 

KINDERGARTEN : 

board may provide 60 34 

certificates 108 51 

LANDS : 

board may purchase 49 25 

condemned for educational purposes 49 23 

county superintendent to approve 49 25 

may be sold by board of education 48 24 

title to school sites 47 24 



LAWS : 



abolishing the common drinking cup 106 

child labor 109-113 

constitutional provisions • • 3-6 



146 Index to School Law 



Sec. Page 

extension of term in normal training liigh schools 93 

prohibiting the use of cigarettes 106 

public libraries 103-105 

school code 9-83 

school levies and school fund 83-92 

state board of control 95-103 

state compensation act 107-109 

state department of health 106-107 

4-H Camp institute 113 

W. Va. training school for mental defectives 114-123 

S'tate industrial home for colored girls 123 

State industrial school for colored boys 124 



LEGISLATURE : 



free schools, to be provided for. Article XII, 5 

improvements, to encourage, Article XII, 12 6 

levy, power of, Article X, 5 4 

term of office to be prescribed by, Article IV, 8 3 

lease of school property 48 25 



LEVY 



additional, chap 126 9 89 

constitutional provisions for_ Article XII, 5, 7 6 

elementary schools 5 86 

for dormitories 83 42 

high school • 5 87 

meetings for laying, chapt. 126 1 85 

secretary to report, (See omission page VIII> 6 

vote on, to extend school term 54 28 

LIBRARIES' : 

board of education to provide , 62 35 

pay of librarian 62 35 

public (see public libraries) 1-9 103 

LIFE : 

certificates (see sec. .")6, page 31) Ill 52 

LOCATIOX : 

school buildings, to bo approved 50 26 

school sites, to be approved 49 25 

MANDAMITS : 

board may lie compelled to provide colored schools 67 36 

Rcbool ollicers may lie removed by 12 94 

MAXFAL : 

course of study 23 17 



Index to School Law 147 



Sec. Page 



MAXIMUM RATE OF LEVY 



high schools 5 87 

maintenance building fund 5 a 86 

new building fund 5 87 

teachers' fund 5 b 86 



MEDICAL : 



clinics (see sec. G4-a) 

health certificates may be required of teachers 
inspection 



5.0 


25 


G4 


35 


G4 


35 



MEETINGS': 



district board of education . 
may be held in school houses 
state board of education . . . . 



45 


23 


01 


34 


5 


10 



MEMBERS 



5 


10 


41 


23 


1 


95 


4 


9 



advieory council 

district board of education 

state board of control 

state board of education 

MINIMUM : 

salaries of teachers 55 28 

school term^may be extended 54 28 

MENTAL DEFECTIVE SCHOOL FOR 114 

MISDEMEANOR : 

aiding or abetting violation of compulsory attendance.. 

enticing youths away from the industrial school 

failure to 'Comply with the compulsory attendance law 

for the deaf and blind 

failure to keep children in school 

failure to report taxalile property and rate of levy .... 

fraud in examination 

neglect to enforce compulsory attendance law 

violation of child labor act 

NEGLECT OF DUTY : 

county superintendent's failure to make annual report. . 39 22 

failure to enforce compulsory attendance law 125 58 

school oflicers may be removed for. Article IV, G 3 

NEW 'river state SCHOOL 149 67 

NORMAL SCHOOLS : 

colored teachers 150 68 

short course in high schools SO 40 

state 147 66 



12G 


58 


166 


73 


180 


60 


123 


56 


74 


38 


103 • 


48 


125 


58 


S 


113 



148 



Index to School Law 



NOTICE : 



Sec. 



Tage 



of atteudance officer to part-nts 

of election for district high school 

of meeting of board of education 

of school elections for levies chapt. ILM! 

of election for all school purposes 

OATH : 

county superintendent of schools 

district board of education 

secretary of board may administer 

state board of control 

state board of education 

OBJECTIONS : 

to sheriff's settlement 

OFFENSE : 

compulsory attendance law 

compulsory attendance of deaf and blind 

OFFICERS : 

fined for neglect of duty 

may be removed, constitutional provision, Artii'le IV, 

ORDER : 

books to be kept by secretary 

for purchase of free text books 

of proceedings at annual meeting of board (Appendix) 



123 


58 


78 


39 


45 


23 


10 


90 


184 


79 



31 


18 


44 


23 


71 


38 


1 


95 


4 


9 



191 



122 
130 



i2r 



82 



00 

60 



58 
3 



09 


37 


05 


35 




127 



ORDERS : 



failure of sheriff to pay 

teacher's 

PAYMENT : 

attendance officers 

bonds, chapter 126 

compensation for taking enumeration 

county superintendent's salary 

examination fees . . . .' 

high school tuition 

institute fees 

institute instructors 

orders on sheriffs 

teacher's salary 

tuition 



192 
90 



82 
45 



123 


57 


9b&c 


89 


93 


46 


34 


20 


100 


47 


81 


4T 


lis 


54 


117 


54 


186 


SO 


90 


45 


59 


34 



PENALTIES 



aiding or abetting violation of compulsory attendance 
compulsory education for the deaf and blind 



126 
130 



58 
61 



Index to School Law 149 



Sec. Page 

destruction of library equipment 105 

flnacial secretary for failure to make report 39 22 

fraud in examinations 103 48 

. school officers for neglecting to enforce compulsory at- 
tendance 125 58 

use of cigarettes 2, 4 1©6 

use of common drinking cup 1 106 

violation of compulsory school law 122 56 

PLANS AND LOCATION FOR SCHOOL BUILDINGS : 

to be approved by county superintendent 50 26 

to he selected by county superintendent, when 50 26 

POWERS : 

county superintendent of schools 35-40 20-22 

district board of education 46-68 24-37 

legislature to levy ; constitution provision^ Article .... X, 5 4 

state board of control .' 9-18 98-103 

state board of education 7-16 11-15 

state superintendent of schools 18-26 16-18 

POTOMAC STATE SCHOOL 148 67 

PRESIDENT : 

district board of education 41 23 

state board of control 1 95 

state board of education 6 11 

PRIMARY CERTIFICATES : 

special certificates ■ 108 51 

PROCEEDINGS OF BOARD : 

abstract to be posted 70^ 37 

PROCEEDS : 

levy to be used only for purposes levied, chap. 126 ..... 9 b & c 89 

rental for oil and gas from school lands 48 25 

sale of school property . 48 24 

taxes, fines, and forfeitures to go to general school fund 

chap. 126 7 87 

PROFESSIONAL CERTIFICATES : 

renewal of (See sec. 1, page 93) Ill- 52 

PROPERTY : 

board may purchase school sites 49 25 

buildings, furniture, and equipment 50 25 

land may be 'condemned 49 25 

sale of 48 24 

taxable, for levy purposes, chap. 126 5 85 

title to school sites 47 24 

provisional license for district supervisors 56 31 



150 Index to School Law 



Sec. Page 

PUBLICATIONS' : 

state superintendent 23 17 



PURCHASE 



furniture, fixtures, equipment, and books 50 25 

school land 49 2o 

text-boolvs to be furnished free to pupils 65 35 

United States flags , 63 35 

PUPILS : 

colored 67 36 

compulsory attendance 122-130 55 

contagious diseases, excluded 87 44 

deaf and blind 152-170 69 

high school tuition 81 41 

medical inspection 64 35 

not to be employed, chap. 131 1-3 109 

suspension and expulsion 87 44 

teacher to have authority over 87 44 

transfer 59 33 

transportation of 58 32 

tuition 59 34 

QUALIFICATIONS : 

county superintendent 31 18 

district supervisors 56 30 

institute instructors 116 54 

state superintendent 17 1-) 

teachers 104 48 

QUESTIONS FOR EXAMINATIONS : 

preparation and transmittal 101 47 

return of manuscripts 101 47 

QUORUM : 

district board of education 45 23 

RATES OF LEVY : 

additional fund purposes : 

bonded indebtedness, chap. 126 

elementary and high schools, chap. 126 

elementary schools : 

extension of minimum term_ chap. 126 

maintenance building fund purposes, cliap. 126 .... 

new building fund purposes, chap. 126 

teachers' fund purposes, chap. 126 

high schools : 

board may lay a(blitional levy, cliap. 12(; 

maintenance buibling and teachers' fund, cbr.p. 126 



9 b, c 


89 


9 a 


89 


5 c, d 


86 


5 a 


86 


5 


87 


5b 


86 


.-, 


87 


5 ' 


87 



Index to School Law 151 



Sec. Page 
READING CIRCLE : 

certificates 121 55 

course prescribed by state superintendent 121 55 

coupons of credit 121 55 

re-instatement of certificates Ill 52 



REMOVAL : 



apprentices from industrial home for girls 179 71 

members state board of control 1 95 

members state board of education 4 9 

school officers, Article IV, 6 3 

teachers 57 31 



RENEWAL : 



fees 93 

teachers' certificates (see page 93, also) Ill 52 



REPAIRS' : 



bond required from contractors 52 26 

school buildings 51 26 



REPORTS' 



annual, county superintendent 39 22 

biennial, of state superintendent 24 17 

district supervisor's 56 31 

enumeration 91-94 4.5 

manuals and other publications 23 17 

principals and teachers, cases of truancy 124 5T 

secretary's 75 38 

teacher's 89 45 

REQUIREMENT: 

certificates, general 96 46 

elementary 104 48 

emergency 109 51 

high school 105 50 

normal school 104 49 

short course 107 51 

special 108 51 

supervisor's 106 . . 50' 

REQUISITIONS : 

supplementary aid 7 88: 

REVOCATION OF CERTIFICATES : 

county superintendent shall report cases of immorality . . 112 53 

for drunkenness and immorality 112 53 

RULES AND REGULATIONS : 

for district supervision 

for holding examinations 

for purchase and distribution of text-books 



56 


30 


97 


46 


13 


14 



152 



Index to School Law 



Sec. Page 

for staudardization and classification of schools S 11 

standardized schools 58 a 33 

for vocational education : 133 G2 

of state board of education 14 15 

SALARY : 

advisory council 5 10 

assistants in uniform examinations 99 47 

attendance officer 123 57 

county superintendent of schools 33 19 

county financial secretary 38 23 

district board of education 45 2i 

institute instructors 117 5 

janitors 53 27 

principals and teachers in state institutions 7 11 

school librarian 62 35 

secretary to state board of education <J 11 

state board of education 5 10 

teachers 55 28 

state superintendent of schools 17 15 

supervisor of colored schools 25 18 

SALE : 

school property 48 24 

SCHOOL : 

board 41-G9 23-37 

buildings, furniture, and equipment 50 25 

buildings provided jointly 51 26 

definition of 1 9 

discontinuance of 58 32 

districts, definition of 3 9 

elections 184 79 

holidays .57 32 

houses may be used for public meetings 61 34 

land 47 24 

law : 

to be interpreted by state superintendent 22 17 

to be printed and distributed 23 17 

libraries 62 35 

property, may be sold 4S ~ 25 

sites 49 2o 

term, minimum 54 27 

year, definition of 2 9 

S'CHOOLS : 

colored 67 36 

colored institute (P.luefield) 1.^>1 69 

colleggiate institute (colored) 1.50 68 

consolidated .58,. 58 a 32 

deaf and blind 1.52 69 

district and county high 78 39 

evening, extension, part time, and vocational 61 34 

industrial, for boys 159 71 

industrial for girls 172 75 



Index to School Law 153 



cc. 


I'AGE 




123 




124 


149 


67 


14S 


67 


147 


66 


134 


63 




114 




113 



industrial liome for colored girls 

industrial school for colored boys 

New River State School 

Potomac State school 

state normal 

state university 

West Virginia training school for mental defectives. . . . 
4-H camp institute 

SCHOOL FUNDS AND LEVIES : 

additional purposes 9 89 

building : 

for elementary schools n 86 

for high school 5 87 

teachers : 

for elementary schools ii 1) 86 

for high schools 5 87 

general school fund •. 7 87 

vocational (Smith-Hughes) 131 61 

SCHOOLING. INCREASED SALARY FOR .55 28 

SECRETARY : 

district board of education 69 37 

duties : 

administer oaths 

general 

make abstracts of proceedings 

make other reports 

other duties 

penalty for failing to perform duties 

receive assessor's certificate 

report rate of levy 

county financial 

state board of control 

state board of education 

SETTLEMENT : 

sheriffs : 

with financial secretary 

with county court 

to be made with reference to school year 

SINKING FUND : • 

provision for, chap. 126 9 b. c 89 

SITES : 

school 49 25 

&TECIAL : 

bond levy 

certificates 

debt levy. chap. 126 

election for laying additional levy 

school elections, how held 

standardized schools 



71 


38 


09 


37 


70 


37 


7.") 


38 


77 


39 


74 


38 


72 


38 


7.3 


38 


38 


21 


1 


9.5 


6 


11 



187 


80 


190 


81 


2 


9 



183 


78 


108 


51 


9 


89 


.54 


28 


184 


79 


58 


33a 



154 Index to School Law 



Sec. rA(5E 

STATE BOAKL> OE^ CONTROL : 

accept gifts for institutes 

appointment of 

conditions and records of institutions to be oxnmiucMl liy 

construct^ remodel, and repair buildings 

corporation powers 

creation of 

determine kind of animals to be slaughtered 

employ architects 

expenses of members 

fix number and compensation of assistants and employees 

of institutions 

fix salaries of officers and employees 

forfeit office when 

governor may direct to make investigation 

how constituted 

inspect meats^ poultry, etc 

insure institution ' 

investigate charges against employees 

make report to governor 

make rules for its conduct 

management and control of certain institutions 

money due institutions reported to 

offices and fixtures 

pay salaries when 

prescribe records to be kept 

pulJlish and award contracts 

purchase supplies 

recommend removal of certain officers 

removal of 

salaries of employees of 

salaries of members 

secretary and clerks to be appointed by 

set of books to be kept by . . .' 

summon witnesses 

time given to duties 

titles vested in 

to have no interest in contracts or gifts 

visit institutions 

STATE BOARD OF EDUCATION : 

board of regents and school books commission abolished 
charters of colleges and other schools to be approved . . 

emergency certificates regulated by 

high school certificates, requirements 

how constituted, vacancies, how filled 

may be punished for accepting gifts and brilies 

meetings, salary, expenses 

normal school certificates approved by 

organization 

_ powers and duties 

requirements for standardized schools 

shall adopt text-books (see text-books) 

shall exercise other authority 

shall make rules relating to : 

physical education, special schools and duties of 

school officials 14 15 



10 


102 


1 


95 


s 


98 


]:5 


101 


1 


95 


1 


95 


12 


100 


i:'. 


101 


- 


96 


10 


99 


10 


99 


12 


100 


15 


102 


1 


95 


12 


100 


17 


102 


10 


99 


15 


102 


11 


99 


&4 


96 





97 


1 


95 


10 


99 


14 


101 


12 


100 


12 


100 


10 


99 


1 


95 


S 


98 


1 


95 


s 


98 


s 


98 


9 


98 


1 


95 


,5 


97 


12 


100 





98 



IC) 


15 


s 


11 


ion 


51 


105 


50 


4 


9 


12 


14 


r 


10 


104 


49 


fi 


11 


7 


11 


58 a 


33 


11 


12 


15 


15 



Index to School Law 



155 



appropriation of federal money for the removal of 

illiteracy 

school attendance, classification of schools, and the 
issuing of certificates upon credentials 

shall prescribe minimum standards for courses of study 

shall regulate purchase, distribution, and care of text- 
books 

shall require plans for school buildings to be approved . 

special certificates to be recommended by 

training of teachers 

vocational education under regulation of 

STATE BOARD OF REGENTS : 

abolished 

STATE NORMAL SCHOOLS : 

Athens 

Fairmont 

Glenville 

Marshall college 

Shepherdstown 

West Liberty 

STATE PROFESSIONAL CERTIFICATES : 

renewal of (S'ee page 93) 

STATE SUPERINTENDENT OF SCHOOLS : 



14 


15 


14 


15 


9 


12 


13 


14 


10 


12 


108 


51 


S 


11 


133 


62 



16 



111 



15 



147 


66 


147 


66 


147 


66 


147 


66 


147 


66 


147 


66 



52 



election, qualifications, salary, and traveling expense . . 

may hold conference 

shall distribute state manuals and other publications . . 

shall employ assistants 

shall exercise other powers and duties . , 

appoint : 

assistants 

institute instructors 

grades 
issue : 

certificates ; of three grades 

emergency, certificates 

elementary certificates 

life certificates 

high school certificates 

special certificates 

normal school certificates 

diplomas 

certificates for reading circle work 

requisitions for county superintendent's salary 
notify : 

county superintendents amount of supplemen- 
tary aid 

county superintendents amount of high school 

aid 

prepare : 

blanks and forms 

manual of course of study 



17 


15 


21 


17 


23 


IT 


25 


IS 


26 


18 


215 


18 


116 


54 


102 


47 


104 


48 


109 


51 


104 


48 


111 


52 


105 


50 


108 


51 


104 


49 


23 


11 


121 


55 


34 


20 


7 


89 


82 d 


42 


19 


16 


23 


17 



156 



Index to School Law 



Sec. 

questions for examinations 97 

list of library books 23 

prescribe : 

manner of conducting examinations 97 

reading circle courses 121 

provide : 

seal ". 18 

examinations in reading circle courses 121 

renew certificates (see page 93, also) Ill 

revoke certificates 112 

serve as a member of state board of education .... 4 

sign requisitions 18 

shall give interpretation of school law 22 

fihall have general supervision of schools 19 

shall institute proceedings 20 

shall make a biennial report 24 

STATE TAX COMMISSIOXEU : 

shall prepare certain forms chap. 120 13 

SUB-DISTRICT : 

creation of 3 

may be abolished, when 58 

STP..TECTS : 

designated by board for high school certificates 105 

examination, for elementary certificates 104 

SUPERIXTEXDENT : 

county 31-40 

district 56 

state : 17-26 

SUPERVISORS : 

certificates (see sec. 56) 106 

district 56 

SUPPLEMENTARY FUXD : 

general provisions for 7 

TEACHERS : 

appointment of 57 

colored, normal training for 150 

contracts 86 

enumeration to be taken by 91 

examinations and certificates 96-112 

exempt from- serving on juries 88 

fund, elementary 5 b 

fund, high school 

Institutes 113-120 

kindergarten 60 

may be dismissed and school discontinued 58 

may be removed for what 57 

must hold certificates 96 



Page 
46 
17 

46 
55 

16 
55 
52 
53 
9 
16 
17 
16 
16 
17 



92 



9 
32 



50 
48 



18-22 

30 

15-18 

50 
30 



31 
68 
44 
45 
46-53 
44 
86 
87 
55 
34 
32 
31 
46 



Index to School Law 157 



Sec. Page 

payment, how made 

pupils to be reported to attendance officer by 

reading circles 

records and reports 

salaries 

teacher's authority 

penalty : 

for breaking contract 

for failure to make reports 



TERM ; 



TRUSTEES : 



appointment of 
authority of . . 



TUITION : 



elementary school 
high school 



VACANCIES : 



county superintendent 
district board of education 
state board of education . . , 



90 


45 


124 


57 


121 


55 


89 


45 


55 


28 


87 


44 


57 


31 


90 


45 



31 


18 


54 


27 




93 


4 


9 


41 


23 




95 


17 


15 


89 


45 


53 


26 



county superintendent 

length and extension of school 

graded schools : 

connected with normal training high schools 

members of state board of education 

members of district board of education 

state board of control 

state superintendent 

reports and registers 

trustees 

TEXT-BOOKS : 

adopted by state board of education 

bids and bonds required 

commission abolished 

depositories 

deposit from publisher required 

free 

gifts and bribes 

regulation as to price 

rules governing purchase and distribution 

samples and prices to be submitted 

TRANSTFER : 

pupils may be transferred — tuition 59 33 

TRUANCY : 

compulsory attendance 122 55 

officer 123 56 



11 


12 


lib 


13 


16 


15 


lie 


14 


11a 


13 


65 


35 


12 


14 


llc&d 


14 


13 


14 


11a 


13 



53 


26 


53 


27 


59 


34 


81 


41 


32 


19 


43 


23 


4 


9 



158 



ISDEx TO School Law 



VALIDITY: 



Sec. 



Page 



elementary certificates 

emergency 

high, school 

normal school 

short course ' 

special 

supervisors 

VALUATION OF PROPERTY : 

board to levy upon, chap. 12G 

report of (see omission page VIII) 
statement of assessed 



104 


48 


109 


51 


10.-) 


50 


104 


49 


107 


51 


IDS 


51 


lOG 


50 



85 
85 



VIOLATION 



compulsory attendance : 

by parents or guardians 

by school cflBcers 

by persons aiding or abetting violation of 

for deaf and blind 

VOTE : 

for additional levy, chap. 126 

for county superintendent ; tie in 

for longer school term 

for members of district board ; tie in 

on school levy (see sec. 184-a. page 79) ' 

VOCATIONAL EDUCATION: 

acceptance of federal act 

custodian of funds 

under control of state board of education 

WEST VIRGINIA : 

Collegiate institute 

Industrial School for P.oys . ' 

certification of list and credits to county court — levy 
compelling payment 

commitments 

commitment fees 

conveyances of youths to school — expenses 

convicts 

date accompanying commitment 

list of inmates for auditor 

offenses 

payment by counties of cost of detention — reimburse- 
ment 

parole 

proceedings for commitment 

transfers between school and pentitentiary 



122 


56 


125 


58 


126 


58 


1.30 


60 



9a 


89 


31 


18 


54 


27 


42 


23 


5 d, e 


85 



131 


61 


i:!2 


62 


133 


62 



l.->o 


OS 


i-,:\ 


71 


170 


74 


lOO 


71 


i(;4 


72 


1 »•,.-. 


72 


]()i 


71 


102 


72 


i(;9 


74 


KUj 


73 


108 


74 


171 


75 


103 


72 


107 


73 



Index to School Law 159 



INDUSTRIAL HOME FOR GIRLS 



Sec. Page 



admission 

binding out inmates as apprentices , 

cruelty to apprentices 

date accompanying commitment — return and sentence . . 
.iurisdiction of apprentices — by circuit court — desertion. 

name — location 

removal of apprentices — escapes 

separation of races 

trial on complaint . 

SCHOOLS FOR DEAF AND BLIND : 

admission 

clothing 

compensation for registration 

course of instruction 

name, location, management, purpose 

period of attendance — special admissions 

registration 

TRAINING SCHOOL FOR MENTAL DEFECTIVES' : 

establishment 

site, liuiklings and equipment ; 

persons admitted •._ 

manner of admission ' 

training and treatment 

parole of inmates 

mental hygiene commission • 

lunatics ' 

admission of lunatics 

examination of inmates received 

examining physicians 

application for treatment 

certain persons not admitted 

certificate of restoration and discharge 

application for discharge of lunatics 

appointment of a guardian or committee 

maintenance for inmates 

definition of a resident 

private hospitals 

physician's certificate - 

cost to county for inmates 

property of inmates used for support 

UNIVERSITY : 

admission and graduation of students 

agricultural extension division 

agricultural experiment station 

anatomical board, use of dead bodies 

colleges^ schools, departments 

endowment for agricultural college 

extension in general 

federal appropriations 

military training 

name, location, control 

powers and duties of the president 

president shall make biennial reports 



173 


75 


177 


76 


178 


77 


174 


76 


180 


77 


172 


75 


179 


77 


176 


76 


175 


76 


153 


69 


154 


70 


158 


71 


156 


70 


152 


69 


155 


70 


157 


70 


1 


114 


2 


114 


3 


114 


4 


115 


5 


116 


6 


116 


4 


116 


6 


117 


8 


117 


9 


118 


10 


118 


11 


118 


12 


119 


13 


119 


19 


120 


20 


120 


23 


120 


27 


120 


28 


121 


29 


121 


33 


121 


34 


122 



138 


64 


139 


64 


144 


65 


145 


66 


137 


64 


142 


65 


141 


65 


143 


65 


140 


65 


134 


63 


135 


63 


136 


63 



160 Index to Sciioot. Law 



Sec. Page 

WHITE AND COLORED : 

pupils ; constitutional provisions, Article XII. S 6 

statutory provision 67 36 

TEAR : 

school - 9 

YOUTH : 

enumeration 91 45 

enumeration of deaf and blind 130 61 

school age 91 38 



LIBRARY OF CONGRESS 



019 748 530 9 



